Confusion as DPP rejects police charges for Covid-19 ‘offenders’

The Directorate of Public Prosecutions (DPP) has thrown a spanner in the works after rejecting charge sheets for people arrested flouting Covid-19 containment protocol in Isiolo citing a lacuna in the law.

After arresting 24 people on Monday for not wearing face masks, police officers could not arraign them as the DPP declined to register the charge sheets.

While the suspects were to be charged for not wearing masks, contrary to Section 6 (1) b of the Public Health Act and the Covid-19 Restrictions of movement of persons, the ODPP insisted that the gazetted law only applied in the previous hotspot areas of Nairobi, Mombasa, Mandera, Kilifi and Kwale.

Isiolo County Commissioner Herman Shambi now says this will curtail their efforts to ensure full compliance and could see increased infections as residents will lower their guard.

Last week, Inspector General of Police Hilary Mutyambai’s announced tough measures intended to curb the spread of Covid-19.

According to the IG, anyone found in breach of the public health measures will face an instant cash fine of Sh20,000 while those arrested while driving beyond the 10pm curfew will have their licences cancelled.

Human rights groups, however, immediately responded in protest.

“As human rights defenders, our experience on the ground is that security agencies, particularly the police, have time and again failed to enforce the regulations and instead used them to harass, intimidate, torture and even kill Kenyans in the guise of enforcing Covid 19 regulations,” said 15 human rights groups led by Haki Africa in a statement.

Health protocols

The police officers, the Nation is aware, due to the misunderstanding, were being forced to release the suspects since they cannot continue holding them further.

“It is really affecting our work because our officers are being forced to release the suspects which could make residents unruly for knowing that no legal action will be taken against them,” said Mr Shambi.

The administrator asked residents to strictly observe the health protocols noting that with more than 110 Covid-19 reported in the county so far, there could be an upsurge if immediate interventions are done.

“Our people must observe the guidelines if the battle against the deadly disease is to be won,” the administrator noted.

He said the county was waiting for results for 125 samples that had been delayed for a week.