Two police officers were on Wednesday, October 5, 2022, charged by the Milimani law courts for forging a complaint withdrawal letter.
The two, Corporal Judy Musau and Constable Benard Malombe were charged following their arrest by detectives from the Internal Affairs Unit (IAU) on Tuesday, October 4, 2022.
“The officers were arrested and placed in lawful police custody at Capitol Hill police station on October 4 by officers from IAU. This is a result of investigations conducted by IAU vide IAU Inquiry file no.38/2022 and OPP’s dated September 22, 2022,” a brief from IAU stated.
In the case, the two are accused of colluding with Daniel Nzuso Mutisya, a police constable who was charged with the attempted murder of his wife and children in 2019.
The trio is said to have forged a withdrawal letter purporting to have been handwritten and signed by Mutisya's wife at the Dandora police station.
Investigations revealed that Constable Malombe falsely witnessed the forged withdrawal letter which Constable Mutisya then proceeded to utter before Milimani Children’s Court as documentary evidence.
"The three jointly conspired to defeat justice after Corporal Musau forged a withdrawal letter purporting to have been handwritten and signed by the complainant at Dandora police station vide OB75/9/1/2019 and Constable Malombe falsely witnessing it,” the investigation report reads in parts.
Corporal Musau is to be charged with forgery, contrary to section 345 as read with section 349 of the Penal Code. Both officers will also be charged with two counts of conspiracy to defeat justice contrary to section 117(a) of the Penal Code and abuse of office.
“The Forensic Document Examiner’s report dated April 13, 2022prepared by Mr Chania Geoffrey ascertained the forgery by E1 (Corporal Musau) and the false witnessing by E3 (Constable Malombe),” the DPP's letter dated September 22, 2022, directed.
"Constable Mutisya will be charged with Uttering a False document contrary to section 353 of the Penal Code,” the DPP added.
Mutisya charged by court
Mutisya was charged with five counts of attempted murder in May 2022, after he was alleged to have unlawfully attempted to cause the death of his former wife Josephine Mutindi Kithu on January 9, 2019, at Mowlem area.
According to court documents, he intentionally attempted to light a gas cooker with a matchbox in an attempt to burn the ex-wife and children who were at home at the time.
In the second count, the police officer is accused of threatening to kill his ex-wife by uttering some words without lawful excuse.
On other counts, Mutisya, a general duty officer in Ruai was accused of attempted arson, assault and resisting arrest by police officers.
On the material day, it is stated that the accused and his wife were in the house in the evening hours where they engaged in an argument over a domestic issue.
This degenerated into a fight which attracted their house girl who intervened in an attempt to save the situation.
At the same time, their teenage daughter raised an alarm and attracted neighbours who came and put off a gas which she claims were on.
During the scuffle, it is stated that the accused threw a beer bottle at the neighbours who had responded to the alarm having assaulted the ex-wife.
According to police details, officers who were alerted arrived and arrested Mutisya and escorted him to Dandora police station.
However, Mutindi is said to have later requested police to release him on condition that he wouldn't disturb her again.
Reportedly, Mutindi decided to revive the case after two years after an unidentified bodaboda rider kept visiting the home and inquiring from her workers if she was around.
This is said to have scared her with the suspicion that the unidentified rider could be having malicious intentions.