Man from Nyakach jailed for 18 months’ for making false claims against suspended to cop
A Nairobi court has sentenced a Nyakach based man in Kisumu county to 18 months’ imprisonment for giving false information that led to the suspension of Chief Investigator at the Internal Affairs Unit (IAU), a National Police Service (NPS) unit charged with the mandate to probe police misconduct.
Amos Otieno Ochuka was handed the jail term by Nairobi Magistrate Bernard Ochoi for giving falsified information against Senior Superintendent of Police (SSP) Michael Dianga leading to his suspension.
However, he was given the option of paying a fine of Sh300, 000.
He had accused Dianga for allegedly shielding and protecting criminals and cattle rustlers in his home area of Nyakach Sub-County within Kisumu county.
Ochuka was found of three counts linked to giving false information against the senior officer.
Ochuka had been charged with four counts of the offence of giving false information to a person employed in the public service, contrary to Section 129(a) of the Penal Code.
The then accuser now turned accused had on August 2018 gone to the IAU offices at the NPS headquarters and informed John Otibine, an SSP Dianga, also an SSP and then the Chief Investigator at the IAU was shielding and protecting criminals.
The same day, he told the senior officer that SSP Dianga leaks secret police information to Zadock Angira a former journalist with Nation Media Group.
“The court finds the accused guilty of the offence of giving false information to a person employed in public service as charged in counts I, III and IV and is convicted under section 215 CPC.” The court ruled.
He further claimed that Dianga was interfering with an assault case reported at Ogoro police station by instructing the OCS Pap Onditi police station not to take any action against the area chief, Alloys Okoth Aoga.
Ochuka further claimed that his life was in danger because he was against what Dianga was doing and that his brother Martin Dianga and his cousin Juma Aketch are cattle rustlers in the home area of Nyakach.
Following the report Dianga was sent on 30 days compulsory leave to pave way for investigations.
The detectives visited Gachie in Kiambu County, Karuri, Kisumu Regional headquarters, Nyakach.
The investigation officer also interviewed a total of 29 witnesses and compiled inquiry file number 60/2018 and upon reviewing the evidence found that the allegations found against Dianga were false.
SSP Dianga told the court that prior to this two similar but anonymous complaints had been received in their office. He further stated that prior to the complaints being lodged he used to be very close to the accused person but when he put him off, the accused vowed to ensure that he will not continue working in the same office and started writing the complaints.
Zadock Angira testified that he had not received any sensitive information that led him to publish any story on security but stated that at Nation Media he was in charge of Crime and National security affairs. He stated that the accused had also made certain complaints against him when he was working at the Nation Media Group.
Chief Aogo stated that on June 26, 2018 they had a meeting with the OCS Pap Onditi regarding stock theft in the area and he was given 12 summonses to serve individuals who were suspected to be involved in cattle rustling and the suspects were to appear before the OCS on July 1, 2018. One of the persons summoned was Patrick Otieno Okoth.
The chief was accompanied by two police officers but Okoth refused to pick up the summons and was later served on his wife. According to Aogo, he did not go to Ochuka’s place but later learnt that both Ochuka and Okoth had lodged a complaint that he had assaulted Okoth.
“The witness testified that the accused had made several complaints against him and tried to intimidate him over several issues,” the ruling states.
The former Nyakach DCI boss Dominic Muriithi testified that he was the DCI between 2017 and 2019 and told the court that it was the first time he had come across a person by the name Dianga.
The then Nyakach Sub-County Police Commander Henry Maloba stated that since he took over, he had never interacted with Dianga ever since he took over in Nyakach and was not aware of any investigations conducted against him.
“From the evidence on record, I have no doubt that the accused person made certain complaints against one Michael Dianga SSP, an investigator at the Internal Affairs Unit.” Chief Magistrate Ochoi ruled.
Regarding claims that his life was in danger the court ruled that it was not clear how the accused life was in danger. The investigating officer testified that during his investigations he visited Gachie police post in Kiambu where the accused claimed the report had been made and confirmed that the accused had made the report and was advised to go to DCI Karuri for further investigations but the accused did not go to the DCI as advised.
“Had the accused gone to report to the DCI as advised then it would have been possible then to investigate and find out whether the complaint had basis. The complaint against Michael Dianga therefore has no basis.” The court ruled.
