Ogola rules on safety of suspects in cells

A High Court judge in Mombasa has spelt out 14 rules to be implemented in police cells to ensure the safety and rights of suspects in remand.

Dubbed Ogola Rules, the procedures were formulated under the leadership of Justice Erick Ogola following the death of the British aristocrat Alexander Monson in Diani Police Station in Kwale County.

Monson died in Kwale hospital after developing health complications sustained from a fatal head injury while in the police cell.

While convicting Police Constable John Pamba, Naftali Chege, Charles Munyiri Muganda and Ismael Baraka, charged with the murder of Monson in May 2012, Justice Ogola said the police officers were negligent and left the aristocrat to die under their watch.

The four officers, who arrested and booked Monson into the cell, were found guilty of manslaughter and sentenced to between nine and 15 years. They also got a suspended sentence of between five and six years.

Justice Ogola also alluded to their knowledge of whom had tortured Monson while in their custody.

The judge said the rules would ensure that all suspects in police custody are safe and their rights respected.

The judge recommended the installation of surveillance cameras within the police station, including cells.

He said there should be a formulation of a medical checklist to notify the police of any underlying health conditions.

According to Ogola, all suspects shall be subjected to mental health screening before they are booked into a police cell to avoid locking up suspects with health complications.

“Upon such information, the OCS shall immediately take action to protect the life of the suspect and inform the family. Where the defence is bailable and depending on particulars of the circumstances, the suspect shall be released on bond or cash bail to seek treatment,” said Justice Ogola.

Justice Ogola said officers should ensure food and drinking water are provided to detainees throughout the day and whenever they need it.

He recommended a refresher training for officers on new development and practice, policies and law.

Justice Ogola said police to take the arrested persons into the police cells immediately and record them in the OB.

The judge said the movement of suspects in and out of the cell must be recorded at all times to avert a scenario where a suspect is sneaked out for undocumented reasons.

In his judgment, Justice Ogola said the four officers at one time sneaked Monson out of the cell to interrogate him about bail and in the process, he ended up getting tortured.

Justice Ogola said that cells must not be overcrowded.

“Police cells should meet all health requirements with particular alteration to ventilation, lighting, floor space, cubic air content and climate conditions,” said Justice Ogola.

The judge said officers should address the suspects in a language they understand.

 “The cell booking officer shall inform the suspects of their basic rights and assure them verbally that they will treat them with respect and dignity,” said Justice Ogola.

He said, where more than one suspect is arrested in a cause of a single transaction, the release on bail shall apply equally as far as possible to avoid suspects negotiating their release with the police.

The judge said the property of the suspects shall be signed by the suspect before he or she is booked into the cell.

In the upshot, the judge recommended Independent Police Oversight Authority take proactive action to ensure police reforms in the country succeed.

“If there is one lesson to be learnt from the death of Alexander Monson in Kenyan police cell is that the ongoing police reforms must have some meaning and be pursued to a point where the results are visible for Kenyans,” said Justice Ogola.