THE Director of Public Prosecutions has filed an appeal in a case where three police officers were, on Friday, acquitted of torture charges.
On April 4, Migori senior principal magistrate Naomi Wairimu acquitted Peter Langat, Peter Nyakundi and Gilbert Aleka, who were arraigned on January 31, last year, under the Prevention of Torture Act 2017, following allegations that they tortured Edward Amayo at Homa Bay police station.
The court heard that the complainant operated a bar in Rodi Kopany in Homa Bay for 15 years but that on May 13 and May 16, 2022, he was arrested twice by police officers from Rodi police station who also took some alcohol from his bar, claiming it was not legal.
Amayo was released both times. But on May 23, a group of seven officers, including the three accused, went back to his bar, claiming there was an order from Homa Bay for his arrest.
He was later released on a Sh10,000 cash bail, which was refunded.
Amayo claimed a police officer, however, took the money together with another Sh40,000 he had in his pocket that was to restock his bar.
The officers, the complainant claimed, took all the 13 TV sets in the bar, seven keg pumps and gas cylinders to Homa Bay police station where he was later booked for burglary and stealing.
According to the complainant, on May 24, he was taken from his cell to another room where the officers undressed him, handcuffed him and ordered him to squat.
He claimed that they then put his hands between his thighs, and a metal rod was put between the thighs behind his knees.
He claimed they used the metal rod to suspend him upside down between two tables and that they used batons to beat the bare soles of his feet for about three hours, demanding to know how he had accumulated all his wealth and demanded Sh400,000.
The businessman claimed they then took turns to assault his genitals using pliers and that his screams attracted people who were chased from the area, including his wife.
Later, one officer, Amayo, stated that, used the tip of his gun to press on his small toe, almost cutting it off, and that he was later instructed to stand up and was knocked down when he complained that he couldn’t due to the pain.
Amayo claimed he was not taken to court on May 25 as he still couldn’t walk and was in excruciating pain when he was finally arraigned on May 26.
At the remand hospital, Amayo claimed he was only given painkillers and that he visited Homa Bay County Teaching and Referral Hospital for treatment after he was released on bond a week later before reporting the case to the Independent Police Oversight Authority.
Ipoa then reached out to International Justice Mission Kenya, which provided Amayo with an advocate.
One of the 10 witnesses, Hayden
Omwoyo, who was a clinical officer
based at the hospital at the time, said
the complainant presented with a
painful right eye, pain in lower limbs,
chest pain, back acne and genital
pain and swelling
