A warrant of arrest was issued against Nairobi County Criminal Investigation Officer Nicholas Ireri Kamwende after he serially snubbed summons to show cause why he should not be jailed for disobeying a court order that required he releases a passport belonging to a German suspected to be conning people using fake gold.
It is to be executed by June 28 2017, Milimani Law courts senior principal Martha Mutuku said.
She issued the warrant after Richard Boack’s lawyer John Ogada revisited the issue of summons that required the top cop’s presence in court to purge contempt.
‘’The officer has contemptuously disobeyed the order of the court dated May 26 2017,” the lawyer said.
Kamwende is said to have unlawfully detained Boack’s passport to effectively deny him a chance to apply for a visa before his visa expired on May 28 2017.
The German had floored them in court when he was nearly deported on the strength of an impugned order by CS Joseph Nkaissery declaring him a prohibited Immigrant.
Court then directed the CCIO to release Boack’s passport which he didn’t hence the runaround.
Detectives arrested the German at Deep West Resort, Lang’ata, Nairobi.
“I have been living in Kenya on a valid visa and currently staying with my girlfriend Deep West Resort…” the German states in an affidavit.
He goes on to say that the allegations by police that he is a fraud are not true. “The averment that the police obtained yellow nuggets which appeared to resemble gold in my possession is not true as that alleged evidence was not presented before court,” Boack’s affidavit reads.
Boack states that the prohibitory declaration by Nkaissery “will have adverse effects on my future and even internationally.”
He has accused the police of maliciously holding unto his passport unto expiry so that he is deported.
A look at the papers in court does not disclose whether Boack is in any legitimate business or not.
On May 11 2017 the police sought to detain him for 14 days for investigations but the application was dismissed.