County official, two police officers, jailed for torturing suspect

A court in Kitui has handed a county official and two police officers jail time for torturing a suspect in their custody. FILE PHOTO

An assistant county commissioner and two Administration Police officers have been sentenced to one and half years in jail for torturing suspects in their custody.

Benson Karani, who is in charge of Mivukoni division in Kitui County, was on Monday convicted by Kyuso senior resident magistrate Bethel Kimutai alongside constables Samuel Wamba Seye and Urbanus Mulonzi.

They jointly faced three counts of torture and assault charges for beating up three people they had arrested on September 25, last year.

The charges stated that the three officers tortured the brothers: Joseph Mutemi, Muimi Mutemi and Martin Mutemi, whom they occasioned grievous body injuries.

FINES
The court however gave them an option of paying fines amounting to Sh200,000 each for the three counts they faced.

While delivering the judgment, Mr Kimutai said that one of the victims endured severe pain and difficulties when urinating, which arose from the beatings.

Mr Kimutai said the prosecution had proved beyond reasonable doubt that the three security officers acted illegally and were responsible for the injuries sustained by the victims.

CIVIL SOCIETY
David Mwangangi, a fourth accused, who was the complainant in the matter that prompted the arrest of the brothers, was also convicted of one assault charge and sentenced to one year in jail or pay a fine of Sh50,000.

Civil society groups in Kitui criticised the ruling as “too lenient” and one that amounts to “acquitting the officers”, given the life threatening injuries they sustained.

TORTURE

Christine Kalikanda, the coordinator of Centre for Human Rights and Civic Education, said administration officers are not by law supposed to detain people overnight as they do not have gazette police custody.

Ms Kalikanda said there was no justice in the case as the accused government officers were still serving in their respective stations.

"Unless the officers are interdicted or transferred from their stations, the victims [will not] feel safe," Ms Kalikanda said, adding that cases of torture by police were rampant in rural areas.