Africa-Press – Kenya. A man who was arrested on Friday last week for impersonating EACC investigators has been arraigned before a Milimani court.
EACC filed a miscellaneous application to detain Ibrahim Ngamau Wangari for 14 days to enable them complete investigations before they formally charge him.
However, his lawyers objected to the application saying EACC had no powers to file the application which is under the Corruption court before the Criminal court.
They said the EACC officers should forward the matter to the police station and they cannot file it before the court.
The prosecution said they are not dealing with a matter that is formally before the court saying the suspect has not been charged yet.
“What is before the court is a determination of whether the suspect should remain in custody pursuant to Article 49 of the Constitution, the issue of guilt or otherwise will be determined under the Anti-corruption Act so that’s not in court today there is no law that bars the court from hearing this application,” the court heard.
Wangari’s lawyers told the court to take note that photographs of the suspect were taken and circulated on social media.
“That is not only dehumanising but goes against the Constitution. This is also meant to damage the suspect’s name before he is tried in court and the photos were also shared with TV stations,” the court heard.
According to the application filed in court, EACC received allegations of bribe demand from a complainant on November 25 that Wangari was purporting to be an EACC investigator.
He was demanding Sh1 million bribe to assist him in clearing EACC investigations over his payment claims for the supply of maize flour subsidy.
The EACC then accompanied the complainant to investigate the bribe demand allegations with recording gadgets.
He was arrested by EACC investigators after confirming that he had demanded Sh1 million from the complainant.
The officers did not manage to recover any identification documents.
EACC said it’s apprehensive that if released, then Wangari will dispose of relevant evidence and evidence in his mobile phone gadgets and which is important in the investigations.
They also want to carry out a forensic examination of the suspect’s mobile phone since he was using it to communicate during the commission of the offence and needed to retain it.
The magistrate will deliver a ruling on whether he will hear the application for detention on Tuesday at 10 am.
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