{UAH} SOMALIS DETAINED IN SQUALOR

SOMALIS DETAINED IN SQUALOR AT KASARANI

WEDNESDAY, APRIL 16, 2014 - 00:00 -- BY STAR TEAM

SUSPECTS: Somalis being held in the outdoor area of Kasarani police station yesterday as the cells are full.

THE 300 Somalis held at Kasarani police station are living in squalid conditions of poor sanitation and overcrowding. The police station has a maximum capacity of 150 people.

The 300 Somalis were screened at Kasarani stadium and found to be illegal immigrants. They will now be either taken to Dadaab refugee camp or deported to Somalia.

Around 4,000 detainees have passed through Kasarani stadium since the huge cordon and search operation started in Eastleigh two weeks ago. Several hundred suspects are still being held at Kasarani stadium where they are being screened by Anti Terrorism Police, Immigration, National Intelligence Service and regular police. In the evening they are taken to Kasarani and other police stations which then become even more overcrowded.

Yesterday the Star visited Kasarani police station yesterday and found toilets and bathrooms stretched to the limit. There was a strong smell of urine and human waste.

"Women and their children have been squeezed into one cell. Dirty water leaked from the station washrooms because of the huge number of suspects being held in the cells. The suspects have to queue to use the washrooms," said a junior officer at the station.

 Police spokeswoman Gateria Mboroki yesterday denied that there was any leakage in the station. "Police do not keep in mind the number of suspects who are going to be in a police cell when building a police station," she said.

Kasarani is a modern police station built in 1995. It has two toilets and two bathrooms for male and female suspects. Due to the limited space, the refugees have had to share cells with hardcore criminals who have been remanded in Kasarani.

Independent Policing Oversight Authority Chairman Macharia Njeru yesterday told the Star that his commission was investigating the screening of refugees and will hold a press conference today.

IPOA officers visited Kasarani police station earlier this week and photographed the congested cells. He said Police Inspector General David Kimaiyo should immediately address their recommendations.

The constitution mandates the IPOA to make sure that both police observe human rights and fundamental freedoms. Yesterday, the IPOA asked Kimaiyo to take urgent measures to ensure human rights are not violated during the police operations.

"In order to ensure they are fully understood and enforced by the Police, the rights accruing to any detained person are further enumerated in Schedule 5 of the National Police Service Act.

Members of the National Police Service would in the circumstances have no excuse for failing to uphold such rights," Njeru said in a statement. Njeru warned that IPOA will recommend disciplinary action if any police officers are found to have engaged in ethnic profiling, unlawful detention or deportation of the suspects.

Director of Public Prosecutions Keriako Tobiko yesterday warned the police against using extrajudicial means to obtain evidence from suspects arrested in the ongoing crackdown.

Tobiko said screening was justified but police should follow the law. The DPP said it would be pointless to arraign suspects in court only to lose the cases because of lack of proper evidence.

Law Society of Kenya chairman Eric Mutua said security personnel should be cautious about infringing on the rights of the suspects. The two were speaking at the second annual convention of the DPP's office at the Kenya School of Government.

Viele GruBe

Robukui