Five GSU officers face life in prison over torture video
What you need to know:
- The court was told that the five officers beat up Mr Joseph Kakuko Rippo on January 2009 causing him grievous bodily harm.
The trial court has been urged to prosecute five GSU officers for allegedly torturing a herdsman in Trans Nzoia as captured on NTV.
Mr Gilbert Kitalia, an investigating officer, told the court that Mr Francis Maina Mwangi, Mr Joseph Kipyegon, Mr Edward Nzioka Kalima, Mr Calsiter Charo Chengo and Mr Daniel Nderitu Maina beat up Mr Joseph Kakuko Rippo on January 2009 causing him grievous bodily harm.
The suspects face life sentence if convicted. They are charged with harming Mr Rippo at Kerita GSU Camp contrary to section 234 of the penal code.
Mr Kitalia presented a CD recording of the incident obtained from Communication Commission of Kenya as was aired during the NTV newscast.
He was however was barred from adding still photographs downloaded from a phone memory card after the suspects' lawyer, Mr Ian Mbuthia, objected on grounds that he was not the one who took the pictures.
HOSTILE WITNESS
The witness said a GSU officer identified as Samuel Odongo captured the incident but was later “declared hostile” when he recanted his evidence.
The court however allowed the witness to produce the statement Mr Odongo recorded during investigations as part of the prosecution’s case.
Mr Kitalia produced the statement alongside Mr Leornard Kiptanui Bett’s.
“The boy showed us scars on his chest. I filled a P3 form and took him to a medical officer at Kapenguria hospital who examined him,” Mr Kitalia said on Friday.
“I interviewed them concerning the issue and recorded their statements...it was clear the incident took place and we left for West Pokot to trace the complainant,” the officer said.
AUTHENCITY OF IMAGES
The investigating officer said he recovered a memory card which had been used in a mobile phone that was used to shoot the implicating video and downloaded still images to support his probe.
“On June 5 2012 we forwarded our findings to the DPP and arrested the suspects on June 14 2012 later charging them with the offence before the court,” he said.
Lawyer Mbuthia , in cross examination, said the authenticity of the photo images could not be proved beyond “reasonable doubt.”
“We would like to know wether they have been altered or enhanced, he argued as he objected to the production but he did not object to the production of the CD and P3 form.
The ruling will be delivered on January 24.
