ODPP makes U-turn, dismisses car theft charges against Karen OCS 

The Directorate of Public Prosecutions has rescinded its earlier decision to charge the Officer Commanding Karen Police station, Chief Inspector Purity Kobia with the theft of a motor vehicle that was auctioned by the station without the owner's consent.

In the decision contained in a letter to the Internal Affairs Unit (IAU) dated May 21, the ODPP further directed that the case file be closed and the parties pursue civil remedy to solve the dispute.

"Upon careful perusal and independent review of the facts and evidence contained therein, the Director of Public Prosecution has found that there is no sufficient evidence to prefer charges against the suspect. Consequently, the Director of Public Prosecutions has directed that the police inquiry file be closed," the ODPP directed.

The recommendation to close the file was made by the Independent Policing Oversight Authority (IPOA) which had initially received the complaint before it was taken over by IAU over alleged inaction by the authority.

"In addition, the Director of Public Prosecutions agrees with the recommendations by the Chief Executive Officer, Independent Policing Oversight Authority that the inquiry file should be closed. The complainant should therefore be advised to pursue civil remedy vide commercial suit E983 of 2023. The contents of this letter supersede the directions issued vide our letter reference ODPP/HQ/CAM/2/2122 dated February 5, 2024," the ODPP added.

In the February 5 letter, the ODPP had through the IAU granted the OCS and her accomplices 30 days to compensate the complainant, failure to which they would be charged with five counts of amongst others; stealing a motor vehicle, abuse of office, and conspiracy to commit a felony.

"Get back to this office at the lapse of the 30 days to confirm settlement of the matter or charging of the suspects," directed the ODPP.

After the lapse of 30 days, the OCS was expected in court but did not show up.

Detectives from the IAU trailed her on April 5, arrested and booked her at Capitol Hill police station via OB number 22/05/04/2024.

No show

She was later released on a Sh10,000 cash bail after requesting the ODPP to be set free claiming she was too sick to take plea.

She was expected back in court on April 17 but that did not happen.

According to the complainant Siama Rahma, the vehicle, a Mazda Demio registration Number KCR 526R, had been detained at the station after it was involved in an accident in October 2021 but was released irregularly and sold through a public auction without due process being followed.

The complainant said she had made multiple attempts to recover her vehicle but was asked to pay an amount that she couldn't raise until July 2022 when she noticed her car was missing at the station.

Around mid-last year, she spotted the car around Yaya Center being driven by an officer by the name of Inspector Karanja and reported the matter to traffic officers who were on duty in the area who referred her to Kilimani police station to avail her ownership documents.

At the station, however, she said calls were made to the OCS Karen police station, and the car was instead released to the officer while she was banned from going back to the station.

Further attempts to recover the vehicle were futile. She told IAU that the OCS and the Inspector avoided her calls and frustrated her efforts forcing her to file an official complaint against the station first with IPOA and then with IAU in November last year.

The unit investigated the matter to its logical conclusion and forwarded the file to the ODPP for directions.

The OCS was to be charged jointly with the auctioneer who sold the vehicle valued at Sh600,000 through a public auction at only Sh50,000.