As residents of Langa Langa estate in Nakuru Town were preparing to barricade themselves indoors by the 7pm deadline of the dusk-to-dawn curfew on Friday evening, a gang of thieves was putting the final touches to a grand plan for a major operation.
In the thick of the night as police officers patrolled the area, the robbers broke into dozens of shops, making away with goods and money.
On Saturday morning when police officers responded to the alarm by residents, it was too late.
Across the country, as the security machinery concentrates its efforts on keeping people in their houses after nightfall, criminals are taking advantage.
With the knowledge that everyone is cooped up in their homes and a number of businesses that used to operate round the clock are now closed, the robbers have no fear of anyone bearing witness to their crimes.
And while the robberies are reported as isolated cases, an analysis of crime reports in several police stations shows that there has been a dramatic shift in the trend of criminal activity over the last two weeks.
The National Council on the Administration of Justice (NCAJ) last Thursday said that cases of rape now consist of 35 per cent of all reported crimes.
Normally, rape and defilement consist of between two to five per cent of crimes reported in the country in an entire year, according to police statistics.
That the rate can shoot up by 32 per cent in just two weeks is baffling. It means that one is seven times more likely to be raped during the pandemic than in a normal year.
And, while a sharp rise in theft and robberies had been anticipated, the country’s criminal justice system appears not to have foreseen a similar spike in rape.
“The perpetrators of such offences are close relatives, guardians and persons living with the victims,” said the National Council of Administration of Justice (NCAJ) last Thursday.
“Depending on the individual facts of each case, upon application by the Director of Public Prosecutions, the courts will consider giving directions on early hearing dates in such cases,” NCAJ said.
But with the Judiciary acting at half its capacity, Kenyans are now caught between a rock and a hard place. Indications are that things could get worse.
In Uasin Gishu County, a woman was raped and killed at Langas in Eldoret last Wednesday. Her body dumped on a ditch by the roadside.
The night before, businessman Stanley Migaine lost stock and cash worth about Sh100,000 when thieves broke into his shop.
“I’m surprised that thugs can roam the streets during a curfew and break into people’s shops without fear,” the Eldoret businessman told the Nation.
“They stole 14 crates of soda, mobile airtime worth Sh16,000, a TV set and several other items,” he added.
Speaking about the robbery at Mr Migaine’s shop, Turbo Deputy County Commissioner Mohammed Mwabudzo urged residents to help the police arrest criminals.
“Patrols have been increased,” he said. In Nyandarua County, several businesses have been broken into in the last two weeks in Ol Kalou.
The highest number of break-ins took place between Tuesday and Saturday night. Similar cases have been witnessed in Narok, Nyeri and parts on Nairobi.
Narok County Commissioner Samuel Kimiti said he had received reports of burglaries, especially in M-Pesa shops.
“The burglars have taken advantage of the Covid-19 outbreak but they will be arrested,” he said.
The victims are, however, wondering why crime is rampant, yet it is only police officers who are allowed to be outside at night.
In some cases, like the Langa Langa incident, residents have pointed an accusing finger at the police.
In Kisumu County, police are on the spot after a suspect arrested over a spate of robberies in Migosi during curfew hours confessed that criminals in the area have been colluding with policemen to terrorise residents.
Fed up with a spike in muggings, area residents led by Migosi MCA Rodgers Otieno arrested Charles Odhiambo.
It is alleged that the man, who claims to be a bishop at Green-Yellow Cross Church in Kondele, was in the company of two others when they waylaid some residents, including taxi operator James Ouma, at 7.20pm on Friday.
Witnesses claimed the three were armed. They identified the self-styled bishop, who also lives in the area, as one of the attackers.
Upon questioning, Mr Odhiambo confessed that the gang was working in cahoots with two police officers from Maseno and Railways police stations.
County Police Commander Ranson Lolmodooni said they have launched investigations.
Commenting on the suspect’s confession that the gang was working in cahoots with the police, Mr Lolmodooni said: “We are not taking that lightly, and we will investigate and take action against all perpetrators.”
Police stations are prohibited from holding suspects unless it is a serious crime like treason, murder, robbery with violence and attempted robbery with violence.
Courts, too, are not trying any crimes unless they fall into these six categories or if it is a matter certified as urgent.
An assessment of police statistics over the last five years shows that physical assault, theft, drug abuse, break-ins, damage of property and economic crimes lead in the number of criminal incidents in the country.
None of these crimes have been included as warranting suspects being detained or taken to court at the moment, and perpetrators are likely to be given bail and returned home on the same day.
This is what is giving police bosses sleepless nights. The government is, however, adamant that no one is supposed to be held in the cells or taken to court unless the situation warrants it.
In a circular sent last week to officers in charge of police stations, Inspector-General Hillary Mutyambai warned that he will take stern action against police bosses who are found to be holding offenders in the cells.
“This behaviour is against the government directive for the maintenance of minimal contact between individuals to mitigate the spread of Covid-19 in the criminal justice sector,” Mr Mutyambai said.
“You are, therefore, notified that disciplinary action will be taken against such OCSs and county police commanders in whose jurisdiction such cases occur,” the IG said.
Meanwhile, afraid of turning its prisons into infections grounds for the coronavirus, the government has embarked in a massive decongestion that has seen nearly 5,000 inmates set free.
Most of the prisoners, whom the government says were either serving time for petty offences or had less than six months to complete their sentences, were set free after a review of their sentences in court sessions held digitally via Skype or Zoom.
Last Friday, Voi High Court judge Farah Amin processed 24 cases on Skype and issued orders for the release of 23 petty offenders from Wundanyi Prison.
