Eldoret human rights defenders raise concerns over police misconduct

Human rights activist Kimutai Kirui (in blue coat) and Boniface Akumu address the press in Eldoret, highlighting concerns over the alleged misuse of police powers and calling for an independent investigation into complaints raised against the Eldoret Central Police Station.[Wycliff Kipsang'-Standard]

Human rights defenders in Uasin Gishu County have called for an independent investigation into the professional conduct of senior police officers in the North Rift.

They raised concerns over the alleged abuse and misuse of police powers.

Kimutai Kirui of the Centre Against Torture and Boniface Akumu of the Eldoret Social Justice Centre, formally petitioned the Inspector  General of Police seeking a thorough investigation into the conduct of the officers and the manner in which police powers have allegedly been exercised in several cases.

Their concerns extend beyond individual complaints and raised broader questions about the treatment of suspects, the use of police powers and the handling of matters that they argue have already been heard and determined by courts.

In their formal complaint, the activists specifically questioned what they described as attempts to revisit a matter that had already been heard and determined by a competent court.

“Where a party is dissatisfied with a judicial determination, the law provides established appellate mechanisms through which such a decision may be challenged,” the complaint states.

Speaking in Eldoret, Kirui alleged that there was a growing practice in which suspects were photographed while in police custody and their images subsequently circulated on social media.

“Police now are being bloggers to their bidding on social media. A suspect is arrested, photographed in the police custody, and sent to bloggers to circulate,” Kirui alleged.

He argued that such practices could undermine the presumption of innocence, particularly where individuals are publicly portrayed as criminals before their cases are determined by a court.

“The presumption of innocence is now being broken,” Kirui said, adding that publicly profiling suspects as dangerous criminals before the conclusion of legal proceedings was unlawful.

Kirui said the Centre Against Torture had submitted complaints through the relevant police command structures and had also raised concerns with the Office of the Director of Public Prosecutions (ODPP).

He said one of the complaints involved a person he alleged had been profiled on social media in connection with a money transfer involving a complainant.

Kirui also claimed of extortion and improper demands for money from suspects while in custody.

“Criminal justice is now being turned into a commercial enterprise where suspects are arrested, intimidated and extorted in the name of cash bail,” Kirui alleged.

He claimed that some suspects were allegedly required to provide money before being released, and that individuals who later returned seeking their money were subjected to further police action.

Boniface Akumu criticised what he described as the alleged misuse of police powers.

He said their concern was not with legitimate police enforcement but with what he described as the alleged use of police authority to intimidate or extract money from citizens.

“We are not against police officers doing their job. We 100 per cent support what police officers are doing, but we are against the abuse of police power and misuse of the police uniform to extract money rather than enforcing the law,” Akumu said.

Akumu referred to the case of a man identified as Boniface, alleging that he had initially been arrested and released on cash bail before later facing a more serious allegation.

“At what point did Central Police Station realise that Boniface was a notorious, dangerous armed gangster? Is it after coming back to ask for his money?” Akumu questioned.

“Since when do we have this kind of a policy where the guilt of an individual is proven through social media?” Akumu added.