Horror and trail of deaths at hands of Kenya police

Anne Njeri Mukuru kwa Reuben want justice to prevail after her son William Mathenda was killed by police officers in Nairobi. Wednesday, May 4, 2016. PHOTO: JONAH ONYANGO/STANDARD]

Patrick Munyua was shot dead on February 18, 2010. Police then said he was in a gang of five that shot at officers on patrol.

Kwekwe Mwandaza, 13, was killed at dawn in her Kwale home in August 2014 during a raid by eight policemen. Police claimed the girl, a Class Six pupil, had attacked the armed officers with a panga.

The cases ended up in court and the officers involved were convicted of manslaughter after the court rejected the police theory.

They have highlighted instances of law enforcers gone rogue and lifted the lid on yarns authorities spin to cover up for police excesses.

It took six years for the family of Munyua to get justice for his gruesome murder at a city police station.

Last month, police constable Wilfred Mwiti, who was attached to Huruma Police Station, was found guilty of manslaughter. The court heard there was no shoot-out with police.

Prosecution witnesses testified that the deceased was taken to Huruma Police Station and locked in a cell without being booked in the Occurrence Book. He was later taken out of the cell and shot several times.

The prosecution told the court that it was an extra-judicial killing. He was eliminated because he was suspected to be a dangerous criminal.

But the defence stuck to the police version of events of the February 18, 2010, incident. Police had said Munyua was killed because he was in a group of five, who defied orders to stop near Sunflower Secondary School, and shot at police.

The rest escaped and a toy gun was recovered from Munyua, they then said.

“Based upon the accused’s defence and the evidence of his witness, I find that the circumstances prevailing as stated by those witnesses did not justify the shooting of the deceased,” Justice James Wakiaga ruled.

In the case of the girl, the Mombasa High Court on February 16, this year, jailed two police officers for seven years. The court rejected the police theory that Kwekwe attacked eight policemen with a panga (machete) and imprisoned Inspector Veronica Gitahi, who was Kinango DCIO and Police Constable Issa Mzee for the killing.

These are among the cases of controversial deaths in the hands of law enforcers.

The Independent Medico Legal Unit (IMLU) - a governance, health and human rights non-profit organisation - has reported that police are to blame for 563 gun-related deaths between 2009 and 2013.

IMLU recorded 199 killings by the police in 2014 and dozens of injuries. Last year, the organisation reported 126 cases, of which 97, it says, were summarily executed by police, 20 shot to protect life and nine in unclear circumstances.

Last week, IMLU said post-mortems on the eight robbery suspects shot by police last month indicate  they were shot while kneeling or lying on the ground.

The findings by the anti-torture organisation contradicted a statement by Makadara OCPD Nehemiah Lagat, who said his officers dramatically chased the young men before killing them in Mukuru kwa Reuben slums.

 Protect Civilians

When they were shot dead, a weeping Ann Njeri Musyoka, mother of William Mathenda Musyoka, defended her son against allegations that he was a thief. Njeri said her 20-year-old son made a living from washing cars and collecting garbage.

According to the IMLU report, Nairobi County had the highest number of executions recorded at six. Nakuru followed at seven, Isiolo (six), Kirinyaga (five) then Turkana, Mombasa, Kwale, Kilifi and Homabay with four each.

Narok and Nyeri had three each while Bungoma, Murang’a, Kajiado, Lamu, Laikipia and Uasin Gishu counties had two each. Kisii, Meru, Marsabit, Nyandarua, Kiambu, Busia, Bomet, Vihiga and Baringo counties each had one.

Two proposed laws meant to protect civilians from torture and ensure that investigations are done by an independent organisation are still pending in Parliament.

The National Coroner’s Service Bill 2014 is meant to “de-link forensic medical documentation and investigation relating to custodial and suspicious deaths.”

And the Prevention from Torture Bill 2015 seeks to provide appropriate punishment for offenders and compensation for victims.

In another report released in September last year, the Kenya National Commission on Human Rights (KNCHR) revealed that at least 25 extra-judicial killings and 81 forced disappearances were perpetrated by security forces. This was in relation to efforts to combat terror.

“Partner governments and donor agencies supporting Kenya’s security sector must insist and condition their assistance on compliance with the rule of law, respect for human rights and accountability for abuses during operations by the security forces,” a press statement by KNCHR read in part.

Kituo cha Sheria in an opinion on the law against police torture noted that the country does not have penal provisions against a torture perpetrator.

“The closest penal provision is causing grievous harm contrary to Section 34 of the Penal Code. The mental aspect of torture is yet to be investigated and coded in law in Kenya. Parliament should pass a law on prohibition from torture to cure the gap created in realisation of this right. The law as it is still leaves a lot of room for interpretation by the police and any other citizens on what amounts to torture,” read an opinion posted last year.

Torture by security forces are a liability to taxpayers.

 The Torture

Lizza Wangari Mwangi was awarded Sh9 million for a horrific experience at the hands of flying squad officers. Titus Barasa, a lawyer, also got a handsome compensation after an officer at Kilimani Police Station assaulted him.

Wangari, a mother of one in her late 30s, was detained for 13 days on arrest on June 27, 2001, at about 11am.

She was picked up by people in a private car - she recognised one police woman - from a bus station and driven to Karatina Police Station.

While there, she was handed to eight officers from the dreaded flying squad for the nightmare that lasted 13 days. They questioned her about involvement with one Bernard Kibaara, a man sought over alleged forgery.

In the hearing that the Attorney General did not respond to or enter appearance to defend, the court heard that the officers stripped her naked, beat her and worst of all inserted a soda bottle into her private parts.

The High Court also ruled that James Muhia, 59, be compensated for wrongful detention in 1995. High Court judge Mbogholi Msagha on September 20, 2001, released him and ordered that he be compensated.

His mother was awarded Sh600,000 for wrongful detention and torture though she passed away before the money was released. “My mother died because of torture. She never got to see the fruits of justice,” said Muhia, adding that he had lost his properties and businesses due to incarceration.

Some of those tortured do not live to see justice. Ramadhan Abdul lost his life on August 18, 2003, after a beating by police officers. A post-mortem report indicated that he died due to inflicted pain.

His death led to an inquest where the court ruled that police officers Walter Kiptala, Geofrey Mwera and Jacob Ochieng should be charged for murder. His family subsequently was awarded Sh3 million as damages.