Magistrate orders probe after suspect says police threw him in flames

A robbery with violence suspect told a  Mombasa court  that police forced him to jump into a burning flame as part of interrogation and chased away his relatives when they tried to intervene.

Mombasa Senior Principal Magistrate Henry Nyakweba ordered Mombasa Urban OCPD Eliud Monari to investigate claims by Ali Ibrahim Aloice alias Mbala Mbala who claims he was subjected to gruesome types of torture by Makupa police while handcuffed.

The suspect claims that police pinned him on the ground in a cemetery and hit him in the head and legs with a brick then took him to police cells instead of hospital despite his pleas.

The magistrate ordered an investigation of these claims and the officers said to be involved. He also ordered the transfer of the suspect from Makupa police station for his own security.

“If the accused person is not alive just because he died at Makupa his blood will be on my hands and I don’t want it to happen like that. These claims should be investigated and a report presented in court,” said SPM Nyakweba.

The magistrate ordered the OCPD to come to court to explain Ali's injuries when he first appeared in court, heavily, bandaged in the head and could hardly walk. Pictures of the suspect being hauled around court by four officers during the court session were published in Wednesday's newspapers.

Monari disputed Ali's claim on Tuesday that he was assaulted by police officers inside Makupa police station following his arrest. Monari claimed the suspect's wounds were inflicted by an angry mob that, allegedly, found him stealing.

Ali interjected as the OCPD was testifying accusing him of misleading the court and being dishonest about what really happened following the suspect's arrest on March 1.

The OCPD  first defended his policemen stating that the officers  did not assault the suspect as claimed and they instead rescued him from an angry mob that had found him trying to steal from the one of the complainants in this case.

Monari said upon the OCS Makupa Police Station realizing the accused person was beaten and had injuries, he arranged for the suspect to be taken to the hospital for treatment before he was presented in court on March 5.

“The suspect was treated at Coast General hospital and taken back to the station at 14:57 hours and the allegations that he was not taken to the hospital are lies. I want to tell the court that the officers did not beat the suspect but rescued the suspect from an angry mob,” said Monari, Mombasa OCPD.

However, the Magistrate questioned why the police officers did not arrest the people the OCPD claimed were found beating the suspect and charge them in court.

Monari did not say why they were not arrested but added some of the alleged attackers will testify as witnesses against the suspect.

The suspect told the court that on the day of arrest, police officers handcuffed him and took him at Makaburini area in Manyimbo and forced him to lie down on his belly, a command he refused.

He told the court that one of the officers took a building block and hit him on the head while another officer hit him using another building block on the legs.

“Another police officer took his rungu(club) and hit my hands while handcuffed and the handcuffs were almost damaged and they said they will ensure that am dead,” said Ibrahim Aloice who is currently in custody.

He further told the court that the officers lit a fire and forced him to jump into the burning flame, and some of the relatives who came to rescue him were chased away by the police officers.

“Instead of taking me to the hospital, the officers bundled me in their vehicle and instead of taking me to the hospital since I was bleeding, they just took rounds of movements from one place to another and later booked me at Makupa Police Station.

He claimed the Makupa OCS upon seeing the officers with him asked the officers why they did not finish him at the scene and claimed the officers at Makupa threatened to kill him, and said his life is in danger if he is taken back at Makupa pending the mention of the case.

SPM Nyakweba in court said the accused person had raised very serious allegations and asked the OCPD why he did not investigate the claims before appearing in court yesterday, and the OCPD said he had received the instructions late.

“If the accused person is not alive just because he died at Makupa his blood will be in my hands and I don’t want it to happen like that. These claims should be investigated and a report presented in court,” said SPM Nyakweba.

The accused person was remanded at Central Police station and the OCPD promised to investigate the claims and present a report in court on March 13, 2019.