In a significant ruling reinforcing accountability within Kenya’s security forces, two police officers have been handed lengthy prison sentences after being found guilty of murdering a suspect in custody at Nyamatoki Police Post in Nyamira County.
Corporal James Ogwagwa Nyakina was sentenced to 30 years in prison, while Constable Jackson Kirui Kipngeno received a 10-year jail term for the killing of Amos Kemosi Kereri, who died following a brutal assault inside police cells on the night of August 19, 2019.
The court heard that the officers had arrested Kereri during a routine night patrol before detaining him at the police post, where he was later subjected to a fatal beating. In its judgment, the court concluded that the prosecution had established a clear and compelling case against the two officers.
“The prosecution has proved beyond a reasonable doubt that the accused persons assaulted the deceased while in custody, leading to his death,” the judge ruled.
Evidence presented during the trial showed that Kereri was in good health at the time of his arrest but sustained severe injuries while in detention. He was rushed to hospital the following morning, only to be pronounced dead on arrival.
“The injuries sustained by the deceased were consistent with a brutal assault inflicted while he was in police custody,” the court observed, underscoring the gravity of the offence.
The sentencing reflected the differing levels of culpability, with the court noting that Corporal Nyakina bore greater responsibility in the fatal assault compared to his junior counterpart.
“The custodial responsibility placed upon police officers is one of trust, and any violation of that duty, especially resulting in loss of life, cannot be taken lightly,” the judge stated.
During the proceedings, the prosecution called 14 witnesses whose testimonies pieced together the events leading to Kereri’s death, placing both officers at the centre of the violence.
Deputy Director of Public Prosecutions Joel Chirchir, who led the prosecution, described the case as a stark example of abuse of power within the police service.
“This was a clear case of custodial violence where officers tasked with protecting life instead became perpetrators,” he submitted.
Legal analysts say the ruling marks a critical step in addressing cases of police brutality and restoring public confidence in the justice system. The court emphasized that the verdict should serve as a warning to law enforcement officers who violate their mandate.
“Justice demands that those who misuse their authority to violate the rights of others must be held accountable,” the court concluded.
The judgment is expected to resonate widely amid growing calls for police reforms, signaling a firm stance by the judiciary against custodial violence and impunity.