The Director of Public Prosecutions (DPP) has lodged an appeal at the Migori High Court contesting the acquittal of three police officers accused of torturing a civilian while in custody.
The officers Peter Langat, Peter Nyakundi, and Gilbert Aleka had been charged under the Prevention of Torture Act, No. 12 of 2017, for allegedly subjecting Edward Ondiek Amayo to torture on May 24, 2022, while he was detained at Homa Bay Police Station. However, they were acquitted by the trial court under Section 215 of the Criminal Procedure Code.
In the appeal, the DPP argues that the trial magistrate’s ruling was legally flawed, claiming it lacked a proper interpretation of the law and veered into subjective reasoning. The appeal accuses the magistrate of violating Section 169 of the Criminal Procedure Code by delivering a judgment that was devoid of legal reasoning and grounded more on personal opinion than statutory guidelines.
“The trial magistrate contravened legal provisions by failing to offer a judgment supported by law, despite the existence of clear statutory sentencing directions,” reads part of the DPP’s appeal.
The prosecution contends that the court ignored crucial evidence, including testimonies from 10 prosecution witnesses, which they argue were sufficient to secure a conviction. Furthermore, the appeal points out that both the prosecution and the defence confirmed that the complainant, Amayo, was indeed in police custody on the day of the alleged incident a key detail that the DPP believes should have informed the court’s legal conclusion.
The DPP is now urging the High Court to overturn the lower court’s acquittal, enter convictions against the three officers, and impose appropriate sentences in accordance with the law.
This case underscores ongoing concerns about police accountability and the enforcement of the Prevention of Torture Act, which was enacted to curb human rights violations by security personnel. The High Court’s ruling on the appeal is expected to set a critical precedent on the judicial handling of torture-related cases in Kenya.
