Out of the 20 deaths the Nation analysed that have taken place since 2013, one involved a minor.
The death of Albert Ojwang while in police custody rekindles similar incidents in cells involving at least 20 victims in the last decade.
Out of the 20 deaths the Nation analysed that have taken place since 2013, one involved a minor. The victims are male.
On May 29, 2024, Ms Zipporah Muteti lost her one-and-a-half-year-old baby at the Kambuu Police Station in Makueni county.
The death happened during a debt collection case saga that police had joined in efforts to solve it.
As the police were arresting Ms Muteti, one officer allegedly turned violent and tried to slap the mother. However, one of the slaps landed on the baby and despite the toddler crying in pain the officers never gave permission for him to be taken to hospital.
Instead they locked them inside the station’s cell where the minor died.
Two months ago, Timon Otieno was arrested and taken to Othoro Police Station in Rachuonyo East Sub-County for allegedly vandalizing security lights at Wang’apala Secondary School.
The family was aware that he had been arrested and his father John Ogwang went to see him the following day only to be informed that he had died.
“I went to the police station to visit my son but unfortunately, I was informed that he had died,” said Ogwang’.
The police version was that the deceased had committed suicide while his father told the media that his son had body injuries. To date no officer has been arrested over the incident.
Harun Otieno, Timon’s brother also said the injuries on Timon’s body and the narrative of suicide were not adding up.
“My brother had injuries on his chest and legs. It does not make sense for us as a family that he committed suicide. We appeal for justice,” he said.
Even foreigners have died while under police custody.
For instance; Alexander Monson was found dead inside Diani Police Station after being arrested by police officers.
The officers who arrested him accused him of being in possession of marijuana.
His death led to the sentencing of four officers namely; Naftali Chege, Charles Munyiri, Ismael Barak and John Pamba. They were charged with manslaughter.
On November 15, 2021, Judge Eric Ogola read out the verdicts for the group of officers and they will all spend between nine and 15 years behind bars.
In a study by Marion Jeluget and published in the Kabarak Law Review, death in police custody is one of the major social injustices in Kenyan society today.
“While many continue to call for the criminal prosecution of police officers involved in such extrajudicial deaths, less is said about the human rights remedies available for the victims surviving the deceased,” the study reads.
She elaborates that custody is the confinement of a person in any place by the State and it includes custody of a person while in transit.
According to Jeluget, custody begins when an individual is arrested or deprived of his liberty by agents of the state; it includes detention or imprisonment where one is not allowed to leave at will and ends when one is permitted to leave.
“Death in custody is death of an individual while in the hands of the state or its agents. The police are guided by laws and regulations including the Constitution of Kenya 2010, the Criminal Procedure Code (CPC) Cap 75, the National Police Service Act (NPS) (No 11 of 2011), and the National Police Service Standing Orders,” she says.
According to her, the Criminal Procedure Code outlines the procedure to be followed when a person is taken into custody by a police officer. Custody is usually effected through arrest.
Arrest is the act of apprehending a suspect by a legal authority.
Jeluget says that when one is conducting an arrest then the Criminal Procedure Code allows for use of all means necessary to effect the arrest but only to the extent that such means are reasonable and proportional to the conduct of the offender at the time of arrest.
“Arrests should be done lawfully and in compliance with the guidelines set out in the Sixth Schedule of the NPS Act in the event of the use of force,” she says.
Security expert George Musamali says that when one is arrested then it is the role of the police to ensure that they are safe.
He says that in case anything happens to anyone who is under the hands of the police then the state is held responsible.
“The law and also Criminal Procedure Code is clear on how the police should behave when they have arrested someone. It is their duty to ensure that they protect the suspect as the investigations go on,” he said.
