Chinese athlete claims police demanded Sh1m bribe in death threat case

A foreign athlete based in Iten, Elgeyo Marakwet County, and charged with threatening to kill his former girlfriend has accused detectives from the Anti-Terrorism Police Unit (ATPU) of attempting to extort Sh1 million from him to help him evade arrest.

Chen Cheny Yen, a 36-year-old Chinese athlete, who trains in Iten, told an Eldoret court that ATPU officers demanded the bribe after detaining him at Iten Police Station before transferring him to Eldoret Central Police Station in Uasin Gishu County.

"A team of officers from ATPU, led by Kithinji Kaaria, arrested me on allegations that I had sent a death threat message to my former friend, without prior investigations into the matter," Yen told Justice Reuben Nyakundi on Monday.

He further alleged that after his arrest, the officers took him to his rental house in Iten, where they seized his mobile phone, Sh25,000, visa card, and passport without obtaining a court-issued search and seizure warrant.

Yen was testifying in a petition he has filed against the Attorney General, Inspector General of Police, the Director of Criminal Investigations, the Office of the Director of Public Prosecution, Police Constable Kithinji Kaaria, and his former fiancée, Michelle Jemutai Koskei. In the petition, he cites violations of his fundamental rights and freedoms.

He claims the charges against him were fabricated, driven by malice, and part of a scheme to extort money from him.

"While in police custody, officers attempted to solicit a bribe from me in exchange for my freedom. When I refused, I was subsequently taken to a criminal court and charged with sending a text message to my former girlfriend, allegedly threatening to kill her," Yen stated in his testimony.

He also argued that his constitutional right to access justice, as provided under Article 48 of the Constitution of Kenya, was violated.

Yen further claimed he was denied his right to be charged before a court within 24 hours, saying he was "condemned unheard, contrary to the rules of natural justice that dictate no man ought to be condemned without being heard."

The case stems from his arrest and arraignment in Eldoret Court following a complaint by his ex-girlfriend, Michelle Jemutai Koskei. She reported to Iten Police Station that Yen had sent her threatening messages.

According to the charge sheet, Yen allegedly sent the message on May 9, 2022, from an undisclosed location.

The prosecution claims that in the message, Yen bragged about his ability to take Koskei’s life and escape consequences.

The text reportedly read: "Let me tell you, I can kill you and the baby, and you will do nothing because the police of Kenya are just stupid. I will give them money, and there will be no story about you again."

Following his arrest, Yen was released on a Ksh50,000 bond with a surety of a similar amount, granted by Eldoret Senior Principal Magistrate Onkoba Mogire.

The hearing of the case is set to continue on April 1.