A lawyer for a Kajiado WhatsApp group admin, Longton Jamil has read “malice” in the incarceration of his client by police.
Lawyer Evans Mirieri on Wednesday gave Isinya police five days to arrest, charge Jamil and return his phone they allegedly confiscated on Saturday last week.
Mirieri, at the same time, has protested “continuous” threats targeted on his client by police.
He claimed his client was arrested and grilled for hours on end last Saturday without a warrant from the authorities and linked the incarceration with previous “incidents” between Jamil and the local provincial administration.
The lawyer claimed the police are taking their “sweet” time in leaving his client in suspense by claiming they are investigating him.
“The government has the capacity to investigate an individual its suspect of wrong doing before arresting and charging him in court of law. It cannot arrest individual and initiate investigations after arrest,” said Mirieri.
Isinya OCPD, Stephen Weda however denied they were keeping Jamil’s phone illegally, adding that they are investigating its use on “content” that they suspect borders on “incitement”.
Weda said they do not require a warrant from anybody to arrest and detain a suspect or gadgets under investigation.
Jamil was allegedly arrested and released on Saturday last week under instructions from a senior provincial administrator and placed in custody police custody for close to five hours.
The police said they are investigating Jamil over a post on the WhatsApp group detailing a number of people killed in the country after the announcement of presidential results last week.
Jamil insists the post was based on the number provided by the Kenya Human Rights Commission on national tv stations without any alteration.
The WhatsApp admin had earlier been picked up by authorities prior to the general elections over hate pamphlets he claimed had been disbursed in Kitengela.
He was not charged with any offence after the arrest was immediately released.