High Court Judge Redson Kapindu has faulted officers for using handcuffs in arresting suspects who are sick or are not evading arrest.
Kapindu said this in his ruling delivered yesterday in a case in which former Minister of Lands Kezzie Msukwa sought judicial review over his arrest by Anti-Corruption Bureau (ACB) in December last year.
Msukwa who was arrested while in hospital argued that the arrest violated his right to privacy and was aimed at humiliating him. He asked the court to cancel the arrest and his prosecution.
Msukwa was handcuffed to a drip stand while he was on a wheelchair and on his way to the treatment room
Judge Kapindu in his ruling stated that the ACB was wrong to handcuff Msukwa and he described the treatment as “inhumane and degrading treatment”.
Kapindu noted that Msukwa was unwell, he had no record of evading arrest and was a cabinet minister at the time which suggests that he could not run away.
Kapindu awarded Msukwa costs for successfully arguing the issue of the manner of his arrest
However, the Judge ruled that the arrest of Msukwa was not illegal and was validly effected.
Kapindu dismissed Msukwa’s application which was made together with co-accused Ashok Nair who had argued that his arrest violated his constitutional rights
The ACB arrested Msukwa on allegations that he received millions in cash and a vehicle through Nair to facilitate dubious land deals.
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