The Law Society of Kenya (LSK) has raised concern over the arrest of Nairobi Central Police Station Officer Commanding Station (OCS) Chief Inspector Dishen Ongoya, following his decision to release 64 individuals arrested during Monday’s nationwide stay-away protests.
LSK President Charles Kanjama said the society has received reports indicating that the senior police officer was taken into custody last night after allegedly exercising discretion in handling suspects linked to the demonstrations.
He noted that LSK advocates are also engaged in multiple cases involving protesters who were arraigned in court.
Kanjama said the matter touches on fundamental constitutional protections under Kenya’s justice system, particularly the rights of arrested persons as provided for under Article 49 of the Constitution, which guarantees fair treatment, access to legal representation, and timely presentation before court.
According to him, an OCS is legally empowered to make decisions on the processing and release of suspects where circumstances and evidence allow, provided such actions are within the law.
He warned that punitive measures against officers acting within that legal discretion could have wider implications for policing and constitutional compliance.
“An OCS is constitutionally and legally entitled to exercise discretion in the processing and release of arrested persons, subject to the law and the rights guaranteed under Article 49 of the Constitution,” Kanjama said. He added that disciplining officers for lawful exercise of discretion risks discouraging adherence to constitutional safeguards within the criminal justice chain.
The LSK further stated that it is closely monitoring cases arising from the protests, with advocates deployed to various courts to represent individuals charged with offences linked to the demonstrations.
The society said it is committed to ensuring due process is followed and that all accused persons are accorded fair hearings.
The arrest of the OCS has drawn attention amid ongoing scrutiny of how police handled Monday’s protests, which saw hundreds of arrests across Nairobi and other parts of the country.
Human rights organisations have previously raised concerns over mass arrests during public demonstrations, urging security agencies to observe constitutional standards.