This archive report was first published on 12 September 2019.
On September 12, 2019, a court in Nairobi directed three police officers charged with theft of Sh75 million to file their complaints about torture with the Independent Policing Oversight Authority (IPOA).
Chief Magistrate Francis Andayi gave the directive while presiding over the case of Vincent Ayienda, Dancun Luvuka, and Boniface Mutua, who are accused of robbing G4S staff of Sh75,483,000 and other items on September 5, 2019, at Nairobi West shopping centre in Langata Constituency.
The accused officers claimed they were tortured by their colleagues during the arrest, and their defence lawyer, Cliff Ombeta, said they were still nursing wounds. “My clients are still nursing wounds, they were tortured at different areas including Pangani Police Station,” Ombeta said.
Andayi noted that it would be a serious violation of human rights if indeed it is true that the police are torturing the accused persons in police cells. When the magistrate asked the prosecution to respond to the claims, it said that they did not have a formal complaint by the suspects.
Prosecutor Jecinta Nyamosi said, “We can only respond to the allegations of torture if there are formal complaints filed in court.”
The court released the suspects on Sh1 million bond each and directed them to report to DCI offices when required. The matter will be mentioned on September 18.
