Former OCS Samir Yunus charged with sexual harassment of junior cop
Former Kamukunji OCS Chief Inspector Samir Yunus at the Milimani Law Courts on December 7, 2022.
Former Kamukunji OCS Chief Inspector Samir Yunus has been charged in a Nairobi court with raping a policewoman at Dandora Police Station three years ago.
Mr Yunus is accused of perpetrating the assault when he was the boss at the police station in blatant abuse of his position on June 15, 2019.
However, Mr Yunus denied the offence before Milimani Chief Magistrate Wendy Kagendo. His lawyer, Mr David Ayuo, applied for him to be released on reasonable bond terms, arguing that he is a senior police officer who is still in service.
The former OCS had been out on Sh10,000 bond.
"l urge this court to free the suspect who is a senior police officer to go back and continue with his duty of protecting property and Kenyans," Mr Ayuo said, adding that the cop will not interfere with witnesses in the matter as he is aware of the consequences.
The prosecution, through Mr Anderson Gikunda, did not oppose his release on bond.
Earlier, Mr Ayuo had applied to have plea taking deferred for seven days to enable Mr Yunus file a constitutional petition prohibiting his prosecution in the matter.
But Mr Gikunda opposed the bid, saying there was no order stopping the state from prosecuting the senior police officer over alleged rape.
"There is no order stopping this court from taking plea in the matter and therefore l urge this court to proceed to read the charge as drafted by the DPP. The accused has not shown that the charge is defective," said Mr Gikunda.
In her ruling, the magistrate overruled the defence saying that when they obtain High Court orders barring Mr Yunus' prosecution, the court will halt the case.
Ms Kagendo then directed Mr yunus to plead the charge as drafted. After denying the charge, Ms Kagendo freed him on Sh500,000 bond with alternative of Sh200,000.
The former OCS was arrested this week following a 2020 directive by the Inspector General of Police to IAU to investigate his conduct after female officers from Kamukinji and Dandora police stations complained that he was using his position to sexually harass them.
One officer particularly accused Inspector Samir of raping her and performing an unnatural act with her.
Upon completion of the investigations, the unit recommended that he be charged with rape but upon reviewing the file, the Office of the Director of Public Prosecutions (ODPP) recommended that he be charged with abuse of office contrary to section 249 (2) (a) of the Sexual Offences Act.
When the allegations first came up in 2020, tens of female officers recorded statements but action was not taken against the officer. Instead he was transferred to Pangani Police Station and later to Mombasa Police Station which was viewed as a promotion going by the size of the station.
The Independent Policing and Oversight Authority (IPOA) also launched investigations into the allegations at the time.
The Nation has learnt that the action against the officer was sanctioned by Inspector General Japhet Koome who has promised to address impunity, arbitrariness and cases of human rights violations within the National Police Service.
The case will be mentioned on December 22 for pre-trial.
Additional report by Mary Wambui
