ADMINISTRATIVE

Based on the findings, the Commission made the following recommendations:
i) That the complainant be compensated for loss of use of the land for thirty years
and destruction of tress and crops.
ii) That the portion of the complainant’s land still occupied by the constructed
bridge be assessed for compensation.
iii) That the National Environment Management Authority should take action
against the Embu County Government for failing to comply with the law on
environmental impact assessment.
2.8.3. Investigation 2: Complaint of unresponsive and
Improper Conduct by The Industrial Area Police Station
The investigations were occasioned by reports in the media which indicated that certain
officers at Industrial Area Police Station in Nairobi had failed to act on a report by
a security guard made on 15th May 2014. It was also alleged that the officers had
threatened the security guard with criminal action if he failed to withdraw the accusations
for an amicable settlement. The investigations revealed the following:
THE COMMISSION ON ADMINISTRATIVE JUSTICE
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i) That the officers at the Station failed to act on the report by the complainant.
Specifically, they failed to open a case file, record statements from the
complainant and three suspects who had been arrested, visit the scene of crime,
enter the case in the Crime Register, capture the case in the crime statistics from
the Station for May 2014 and arrest the main suspect.
ii) That there was negligence in the performance of duty by the Officer
Commanding Police Division for Makadara who had issued a wrong statement
to the media.
iii) That there was abuse of power by the Officer Commanding Police Station of
Industrial Area Police Station for directing the Investigating Officer to refund the
cash bail for the suspects without any reasonable ground and in contravention
of Section 176 of the Criminal Procedure Code.
iv) That the Deputy OCS in charge of crime at the Station acted in dereliction of
duty by failing to supervise the investigation process to ensure the opening of a
file, recording of statements, entry of the case in the Crime Register and arrest
of suspects.
v) That there was inordinate delay by the Station to act on the report.