By Anderson Ojwang
The kidnapped and assaulted journalist Habil Onyango has cried foul over the charge sheet presented at Homa Bay court today terming it as defective and denying him justice.
Onyango wondered how he became a witness in the charge sheet in a case in which he was assaulted, secured OB number and wrote a statement.
He also wanted to know who the new complainant listed as William Agunga Oracha was and how he became part of the case.
“I cannot understand how I was removed from a complainant to a witness in a case where I was allegedly kidnaped and assaulted. I recorded statement with the police, and I would want to know the new complainant is, who listed and the reason behind it,” he said.
Onyango expressed concern that he may fail to get justice as he may lose the case on technicality because he doesn’t even know the listed complainant.
“It is easy for the listed complainant who is not even known to me and is not part of my witness to be disappear. This is a dangerous precedent being set by the police and prosecution,” he claimed.
In an assault case in Kenya, the complainant is the person who has directly suffered the assault and has lodged the complaint to the police or other authority. Alternatively, a representative or advocate can act on behalf of the complainant, either with their written consent or a power of attorney, to file the complaint or apply for an order of protection.
Who can be a complainant?
- The direct victim: The person who was assaulted is the primary complainant.
- A representative: A third party can act on behalf of the complainant if they have the complainant’s written consent or a power of attorney authorizing them to do so.
- An advocate: A lawyer can file a complaint or apply for an order of protection on behalf of the complainant.
How to initiate a complaint:
- Report to an authority:
A person who suspects that an act of domestic violence (which can include assault) is being committed or has been committed can complain to a police officer or another person in authority.
- Provide information:
The complainant should provide the relevant information about the assault to the authority figure.
- Assist with forms:
The police officer or authority figure will assist the complainant in filling out the necessary forms.
The suspect Beatrice mercy Akugo was today charged in court with assault causing actual bodily harm.
Homa Bay based journalists also protested to the county commandment of police Mr. Lawrence Koilem over what they termed as presentation of defective charge sheet.
The journalists who held a discussion with the commandant during Internal Security Cabinet Secretary Kipchumba Murkomen Jukwa meeting in the city agreed to have a meeting with the officer in the morning.
Akugo was a interdicted by the county government over what they termed as serious gross allegations.
In a press statement by Chief officer of Public Communication and Governance Atieno Otieno said that Beatrice Mercy Akugo has been interdicted with immediate effect.
“The government took decisive action following serious allegations of misconduct against a county officer.
Media council of Kenya (MCK) also condemned the attack and demanded legal action over assaults of Onyango.
MCK also demanded swift, transparent investigation by directorate of criminal investigations, independent policing oversight authority and office of the directorate of public prosecution.
Kenya Union of Journalist (KUJ) also joined in condemning attack of the journalist and demanded immolate arrest of the suspect.
“We further call for investigation into the alleged employment scam in the county, which is the subject of the attack to enable the victims get justice.
The unchecked impunity among county officials who are afraid of scrutiny of their actions and corruption must come to an end,” wrote secretary general Mr. Erick Oduor.
