Two officers jailed over Nyamira custody death

Jail

The Office of the Director of Public Prosecutions (ODPP) has secured convictions and custodial sentences against two police officers found guilty of the murder of a suspect at Nyamatoki, Nyamira County.

In a statement, the ODPP said the court sentenced one officer to 30 years’ imprisonment and the other to 10 years, after finding that the prosecution had proved the charge of murder beyond a reasonable doubt.

According to the prosecution, the incident occurred on August 19, 2019, when the two officers jointly participated in the unlawful killing of the victim while he was in police custody.

The court heard that on the material night, the officers were part of a team conducting patrols when they arrested the deceased and escorted him to the police post.

While in custody, the court heard the two officers subjected him to assault.

The following morning, his condition had deteriorated, prompting officers to take him to the hospital, where he was pronounced dead on arrival.

In building its case, the prosecution relied on testimony from 14 witnesses, who pieced together the events leading to the death.

Their accounts established a clear chain linking the accused officers to the fatal assault, as well as the circumstances under which the deceased was arrested, detained, and later taken to the hospital.

The ODPP noted that the evidence presented demonstrated that the injuries sustained by the deceased were inflicted while he was under the custody and control of the officers, thereby placing responsibility on them.

The prosecution was led by Deputy Director of Public Prosecutions Joel Chirchir, who guided the case through trial to its conclusion.

The court, in its determination, found that the actions of the officers amounted to murder.

"A police corporal was sentenced to serve 30 years' imprisonment, while a police constable was sentenced to 10 years' imprisonment," the statement said.

The case adds to a growing body of decisions addressing deaths in custody, an area that has attracted increasing scrutiny in recent years. 

The ODPP has previously reiterated that it will continue to pursue justice in similar cases, maintaining that no one is above the law and reaffirming its commitment to accountability and the rule of law.