Korogocho MCA Odhiambo Threatens Legal Action Against NCIC, Two Investigators

MCA for Korogocho Absalom Odhiambo in a letter to the National Cohesion and Integration Commission (NCIC) wants the commission to accept responsibility for criminal activity and the infringement of his constitutional rights.

The legislator said through his attorney Apollo Mboya that he will file a lawsuit against the commission and its two investigators.

Should the commission refuse to heed the demands, Mboya stated that he was under stringent and mandatory instructions to file a lawsuit against NCIC and two investigators within 24 hours of receiving the letter.

“We look forward to receiving the admission of liability,” the letter reads in part.

Read: Korogocho MCA Odhiambo To Remain in Custody

Mboya claimed that when Odhiambo honored a summon to appear before the commission about comments he made during an Azimio rally on Wednesday of last week, the two officers were not interested in carrying out the NCIC’s mandate.

The legislator was nabbed while waiting to speak with NCIC representatives at their Upper Hill offices.

Mboya said that Odhiambo was summoned by NCIC and the two investigators to help the Directorate of Criminal Investigations “abduct” and hold “incommunicado” his client.

“Our client is recovering after being released by the court from the two days of the ordeal of abduction perpetrated by your two investigators,” the letter adds.

Read Also: Korogocho MCA Odhiambo Arrested at NCIC Offices Over Alleged Incitement

“Your two police investigators cannot purport to perform police duties by conspiring and engaging in the crime of abduction and violations of the constitutional rights of our client.”

Odhiambo was on Wednesday released unconditionally after the court found that his arrest was not based on any legal provision. 

“I have looked at the case presented in court. Looked at the High Court decision making section 96A of the penal code unconstitutional and I have noted that the decision has not been challenged by the prosecution,” said Milimani principal magistrate Gilbert Shikwe.

“It is a nonchallenged fact that the applicant seeking orders to detain the suspect for seven days has no legal leg to stand and the only option is to dismiss.”