New Bill seeks to end police detention of suspects over weekends

Persons arrested on Fridays or over the weekends will no longer have to spend nights in police cells awaiting the processing of their bonds on a working day if the proposed changes to the Criminal Procedure Code Act become law.

The Criminal Procedure Code (Amendment) Bill 2023, sponsored by Belgut MP Nelson Koech, seeks to make it mandatory for police officers to grant a bond to persons arrested without a warrant, except for capital offences of murder, treason, robbery with violence and attempted robbery with violence. The Bill is a republication of the 2020 version that was introduced in the House for debate but lapsed before it could be enacted.

Essentially, the proposed Bill seeks to check the government’s misuse of the police for political reasons by arresting people on Fridays or weekends and having them detained in police cells pending their arraignment or granting of bond the following week. But it will also save thousands of citizens who are extorted by rogue police officers after being arrested for minor offences.

The Bill seeks to repeal section 36 of the law that makes it discretionary for the police to issue a bond. This means that the arrested person will not be required to be brought to court within 24 hours after the arrest but will be released on the payment of the bond to appear in court at a time and place to be named in the bond.

Insufficient evidence

“The officer in charge of the police station shall in any case, if it does not appear practicable to bring that person before the court within 24 hours after the person has been so taken into custody, inquire into the case, and, release the person on his executing a bond,” the Bill reads.

“But where a person is retained in police custody he shall be brought before a subordinate court as soon as practicable,” reads the law.

However, this can only happen if the officer in charge has undertaken due police inquiry, and insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.

The Jubilee administration was widely accused of using the police to fight its political wars with rivals. Politicians largely from the rival group would be arrested on a Friday in what infamously became known as “Kamata kamata Friday” and locked in over the weekend only to be arraigned the following week.

Deputy President Rigathi Gachagua is among politicians who went through this experience. Then a first-term Mathira MP, he was arrested by the Ethics and Anti-Corruption Commission sleuths on a Friday over money laundering claims and held until Monday when he was arraigned and released on bail after his bank accounts had been frozen. 

Korogocho MCA Absalom Odhiambo was arrested on January 30 over allegations of making inciteful comments but was released on February 6, well beyond the mandatory 24 hours constitutional requirement to be produced in court.

Yesterday, Mr Koech, serving his second term, said that this provision has been used by the police to unnecessarily punish suspects for political motives.

Abuse powers

“We live in a country where the police can abuse their powers by detaining suspects in cells unnecessarily long for political reasons. Gone are the days when people would be arrested on a Friday and taken to court on a Monday after spending the whole weekend in police cells,” said Mr Koech.

“Assume Monday was a holiday and therefore not a working day! This unconstitutional power must therefore be dealt with if Kenyans have to enjoy their fundamental rights and freedoms,” he added.