Three officers accused of torturing suspect to know fate today

General view of Migori Law Court. [Courtesy Omwanza Ombati X]

Migori Law Courts is today set to deliver a precedent-setting judgment in the case against three police officers who face charges of torture related to the alleged abuse of a suspect while in their custody.

The Three, Peter Langat, Peter Nyakundi, and Gilbert Aleka, were arraigned on January 31, 2024, following allegations that they tortured Edward Amayo Ondieki at Homa Bay Police Station.

This case sets a precedent in charges of torture following the enactment of the Prevention of Torture Act in 2017.

Amayo’s harrowing experience began on May 22, 2022, while at his bar, Green Pub, in Rodi Kopany Town, Homabay County, when the trio stormed his business premises and dragged him to the station, where they tortured and accused him of owning stolen items.

Amayo told the court that he was taken out of the cells at Homa Bay Police Station and kept in the Gender and Children’s office, where he was assaulted for several hours.

Recounting the pain, Amayo told the court, “They suspended me upside down between two tables and beat the soles of my feet.”

He further described how the officers pressed a gun against his toe, causing excruciating pain, while they demanded Sh400,000 from him.

After the torturous ordeal, he was thirsty and asked for water, but they denied him. Later, they got him off the table, but he couldn’t stand.

When he complained, he was slapped on both sides of the head until he fell. They then locked him inside that office until the afternoon when he was carried back into the cells by all three accused persons as he could not walk.

That evening, during roll call, Amayo told the court he requested the officers to take him to the hospital, which he declined.

All along, Amayo told the court he was in excruciating pain. He would scream and beg for leniency. His screams attracted people, including his wife, who had come to see him, but the officers chased them away.

The court also heard corroborating accounts from ten prosecution witnesses, including Amayo's wife, who described the traumatic scene. “I heard him crying out, pleading for mercy,” she said, emphasizing the emotional toll of the events.

After two days, Amayo was presented in court and charged with the offense of stealing television screens and keg pumps. The complainant would later exonerate him in court.

In his further testimony, Amayo said he became ill and was referred to Homa Bay GK Prison for treatment, where he was given painkillers. When he posted bond, he went to Homa Bay County Hospital, where he was treated, and a P3 Form was filled out regarding the injuries he suffered.

On June 17, 2024, the court ruled that the three officers had a case to answer. The case was reported to the Independent Policing Oversight Authority (IPOA) in 2022 and to the Kenya National Commission on Human Rights in February 2024. IPOA reached out to International Justice Mission Kenya (IJM Kenya) to support the victim during the trial.

The International Jurists Mission (IJM Kenya), while representing the victims, said Amayo’s case highlights serious allegations of human rights violations and police misconduct.

“One shudders to imagine that the very people who took an oath to serve and protect would turn to such an abuse of their power. This level of impunity cannot and should not go unpunished,” said IJM lawyer Julius Nyagah.

My Nyagah said the offense was committed with such a level of impunity that it sends chills down one’s spine. “The torture was done in broad daylight, inside a police station and in front of members of the public.”

The prosecution's case hinges on the assertion that the officers not only violated Amayo's rights but also attempted to extort money from him.

According to Section 4 of the Prevention of Torture Act, torture is defined as inflicting severe pain for various purposes, including obtaining information or punishing individuals.

The prosecution also presented medical evidence from a clinical officer who treated Amayo. He confirmed that Amayo suffered significant injuries, including swollen genitals and lacerations.

“The injuries were consistent with torture,” Mr Nyagah stated, producing a P3 Form that documented Amayo's condition.

The conduct of the accused police officers in assaulting Amayo, denying him access to medical assistance as he requested, and denying access to his wife, who was chased away, also violated the Fifth Schedule of the National Police Service Act, which provides for the rights of detained persons.

The court's decision will not only affect the accused but also shape public trust in law enforcement and the judicial system.