The Director of Public Prosecutions (DPP) has filed an appeal following the acquittal of three police officers charged with torture. On April 4, 2025, Migori Senior Principal Magistrate Naomi Wairimu acquitted officers Peter Langat, Peter Nyakundi, and Gilbert Aleka, who had been arraigned on January 31, 2024, under the Prevention of Torture Act 2017. The case stemmed from allegations that the officers tortured Edward Amayo, a businessman, at the Homa Bay Police Station in 2022.
Amayo, who ran a bar in Rodi Kopany, Homa Bay, had been in the business for 15 years when the incident took place. According to the court testimony, on May 13 and May 16, 2022, Amayo was arrested twice by officers from the Rodi Police Station. The officers claimed that some of the alcohol in his bar was illegal and took it with them during the arrests. He was released both times without charges, but on May 23, 2022, a group of seven officers, including the three accused, returned to his bar.
This time, the officers allegedly claimed there was an order for his arrest from Homa Bay. Amayo was taken into custody and later released on a Sh10,000 cash bail, which was eventually refunded. However, Amayo accused the officers of taking his money Sh40,000 that was intended to restock his bar as well as 13 television sets, seven keg pumps, and gas cylinders from his establishment. These items were allegedly taken to the Homa Bay Police Station, where Amayo was later booked for burglary and theft.
Amayo’s account of events escalated when, on May 24, he was allegedly removed from his cell and taken to a different room by the officers. According to his testimony, the officers undressed him, handcuffed him, and forced him to squat. They then allegedly placed a metal rod behind his knees and suspended him upside down between two tables. The officers reportedly beat the soles of his feet with batons for about three hours, demanding information on how he had accumulated his wealth. They also reportedly threatened him with a demand for Sh400,000.
The abuse escalated as the officers allegedly took turns assaulting Amayo’s genitals with pliers. His screams reportedly drew attention, but bystanders, including his wife, were allegedly chased away. Amayo also testified that one officer used the tip of his gun to press on his small toe, almost severing it. He claimed that when he complained about the pain and was unable to stand, he was knocked down by the officers.
Amayo’s physical condition deteriorated, and he was unable to attend court on May 25 due to his injuries. He was eventually arraigned on May 26, 2022, but his pain and inability to walk were evident. At the remand hospital, Amayo was only given painkillers. He later sought medical attention at Homa Bay County Teaching and Referral Hospital after being released on bond. He reported the case to the Independent Police Oversight Authority (IPOA), which then sought assistance from International Justice Mission Kenya. This organization provided Amayo with legal representation.
One of the 10 witnesses who testified was Hayden Omwoyo, a clinical officer who had treated Amayo at the time. Omwoyo confirmed that Amayo presented with various signs of physical abuse, including painful eye, lower limb pain, chest pain, back acne, and genital pain and swelling. Despite these testimonies, the officers were acquitted, prompting the DPP’s decision to appeal the ruling. The case continues to draw attention to issues of police misconduct and the challenges of prosecuting cases of torture in Kenya.
