Ex-OCS accused of sexually assaulting colleague freed

Former Kamukunji OCS Chief Inspector Samir Yunus, who faced charges in 2022 for allegedly raping a policewoman at a station, has been acquitted by a Nairobi court due to insufficient evidence.

In a ruling delivered on April 30 by Milimani Principal Magistrate Robinson Ondieki, Yunus was cleared of accusations of misusing his office by harassing junior female officers.

The magistrate concluded that the prosecution had failed to substantiate the charges against him beyond a reasonable doubt.

"The prosecution has failed to prove its case against the accused person beyond reasonable doubt, and I acquit him under section 215 of the Criminal Procedure Code(CPC)," ruled Ondieki.

Additionally, he emphasized that in criminal cases, an accused person should be given the benefit of the doubt even if there are not many circumstances creating doubts.

The female officer had alleged that her boss sodomized her and bit her cheek at his office in Dandora police station.

She claimed that on June 14, 2019, Yunus assaulted her, leading her to seek medical treatment at St. Philips Medical Centre on June 16, 2019. She later reported the incident to then Inspector General of Police Hilary Mutyambai.

She obtained a PRC form, filed on July 28, 2020, after reporting the case to DCI headquarters. Allegedly, she had to escalate the matter to the International Jurist Commission (IJC) and other justice actors, including the Federation of Women Lawyers (FIDA), Parliament, and the International Municipal Lawyers Association (IMLA), due to the lack of action.

However, Yunus defended himself by claiming they had a cordial relationship and frequently visited each other's homes at their convenience.

He stated that their relationship ended because the junior officer became pregnant but decided to terminate the pregnancy. He also mentioned that she refused to convert to Islam, which led to their separation.

In acquitting the ex-OCS, the magistrate agreed with Yunus' defense lawyer, Kimani Wachira, that evidence from both his client's and the complainant's mobile phones revealed love chats, confirming they were in a relationship for three years.

"The investigating officer testified that the two were lovers and exchanged love chats, even during the court proceedings, as evidence extracted by forensic experts," stated Magistrate Ondieki.

The court observed that the investigating officer reluctantly recommended charges against the OCS as the complainant was deemed unreliable, given their romantic involvement. Additionally, the court noted that the breakup likely triggered the charges, as indicated by the investigating officer's testimony.

The magistrate also highlighted overwhelming evidence, including testimony from prosecution witness Samuel Guto Oresi, an employee of the Ministry of Internal Affairs stationed in State House. Guto testified that the OCS and his female junior officer were in a relationship for three years and had ups and downs.

The court concluded that Yunus was unfairly targeted by the complainant, known as JM, who brought forth charges out of resentment, considering their history as lovers.