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Human Rights

TORTURE AND DEATHS IN POLICE CELLS IS SERIOUS CRIME

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In the recent past, the media and human rights practitioners have reported numerous cases of violation of the right to life within precincts of police stations. Unchecked loss of a lives in the hands of police personnel pinpoint to a serious case of impunity by law enforcement officers.

In my review of killings linked to acts of torture, I was left in great shock upon realizing that at least six souls had breathed their last within the confines of police stations in 2025. This was just after a quick google search and I believe that more might have lost their lives and gone without reporting.

The most notable death that sparked national outrage is the killing of a 31-year-old teacher cum blogger, Albert Ojwang in the month of June 2025. It was one of the cases that pained the soul of the nation. As much as the sting of death was piercing, the poison of callous explanation as to what caused the death was potent; no one even how suicidal they would be charged could hit his or her head on the wall to death. May the three suspects undergoing trial and perhaps others out there face the full force of the law.

A 33-year-old Raymond Nachibati was found dead in a cell at Budonga Police Post in Navakholo Sub-county, Kakamega County after he was arrested following a domestic altercation in a nearby market place. Nachibati was reportedly arrested on the afternoon of August 9, 2025, along with two others. Nachibati’s body was later discovered in a cell at the Budonga Police Post two hours after the arrest hanging on the rafters of the cell with a tracksuit string tied around his neck. Surprisingly, he had been arrested together with his wife but only he, was apparently locked up in a cell. The police said that Nachibati appeared drug and depressed and that might have contributed to his decision to commit suicide, a theory which the family disputed.

Simon Warui, a 26-year-old man was found dead on September 17, 2025, at the Mombasa Central Police Station. It is not clear how a man based in Nairobi was found dead in Mombasa, almost 500 kilometers away. The post-mortem operation report indicated he died due to a lack of oxygen, with fractures on his neck and hand, and darkened fingertips showing oxygen deprivation. This is very troubling, coming less than 6 months after the death of Albert Ojwang in similar circumstances at a police station.

In another nauseating episode of madness, 40-year-old Alan Kamau Kimani was arrested on Thursday, 25th September 2025 for allegedly cutting down trees and taken to Komomwamu Police Post in Kuria West, Migori County. When Kimani’s mother was informed of the arrest by a police officer and she claims she was asked to part with Kshs. 15,000 to have the son released. The next day Friday, 26th September, Wambui received a call from an officer at the police post who allegedly threatened her with dire consequences if she does not go with the money. A few hours later on the same Friday, she received another call from the same officer, this time informing her of her son’s death.

On 7th October 2025, 40-year-old Eric Tonui Koros, a boda boda rider based in Solai, Nakuru county, lost his life while in custody at Solai ACC Police Post. Eric had been arrested for failing to pay a debt of Ksh 8,000. In a callous conduct, later that evening, officers visited the deceased’s home and asked his wife to accompany them to the station. When she arrived, she was informed that her husband had died in custody leaving her heavily traumatized.

Paul Njuguna, a 30-year-old man from Kiganjo village in Gatundu South died in police custody on 8th October 2025. Police Officers arrested Paul Njuguna on suspicion of bhang possession, and he reportedly died shortly after. Apparently, he was accused of swallowing 20 rolls of marijuana to avoid arrest. There can only be one explanation, that he might have been bludgeoned to death.

Death in custody is the death of an individual while in the hands of the state or its agents, which is against laws and regulations, including the Constitution of Kenya 2010, the Criminal Procedure Code (CPC) Cap 75, and the National Police Service Act. Tragedy is when death occurs in a police station, there are very high chances of cover up and most of the cases only proceed to prosecution only when there is public pressure.

The Prevention of Torture Act 201 (POTA) prescribes a penalty of not more than 25 years for anyone who commits the offence of torture and life imprisonment in the unfortunate circumstance where the victim dies. There is need for sustained advocacy and awareness so that police officers understand the unfortunate circumstances that might befall them if convicted.

 

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