By Dorothy Musyoka
The Director of Public Prosecutions (DPP) has filed an appeal at the Migori High Court challenging the acquittal of three police officers previously charged with the torture of a detainee at Homa Bay Police Station.
In a strongly worded petition, the DPP is seeking a review of the lower court’s decision, urging the High Court to overturn the acquittal of officers Peter Langat, Peter Nyakundi and Gilbert Aleka.
The appeal calls for the substitution of the acquittal with convictions and appropriate sentencing for the alleged offense.
The three officers had been accused of torturing Edward Ondiek Amayo on 24th May 2022 while he was in their custody. The charges were brought under Section 4(a)(i) as read with Section 5(1) of the Prevention of Torture Act, No. 12 of 2017.
The trial court, however, acquitted the officers under Section 215 of the Criminal Procedure Code a move the DPP now says was legally flawed.
According to the appeal, the trial magistrate’s ruling contravened Section 169 of the Criminal Procedure Code by failing to provide a judgment anchored in law and evidence, instead relying on personal opinion and discretion.
The DPP further argues that the magistrate erred in finding that the prosecution had not proved its case beyond reasonable doubt.
“In the appeal, the DPP says the trial magistrate contravened Section 169 of the Criminal Procedure Code by issuing a judgment that lacked legal grounding and was instead influenced by personal opinion and discretion, despite clear statutory sentencing provisions,” explained the ODPP.
The appeal notes that 10 prosecution witnesses had testified, presenting what the DPP describes as compelling evidence of torture and clear culpability on the part of the accused.
The DPP also points out that both the prosecution witnesses and the accused officers admitted that the complainant was indeed in police custody at the time of the alleged torture an admission that the lower court failed to interpret within the appropriate legal framework.
In light of these assertions, the DPP has asked the High Court to re-evaluate the evidence on record, nullify the acquittal and enter convictions against the three officers.
The appeal signals the DPP’s renewed commitment to accountability and the rule of law, particularly in cases involving alleged abuse by law enforcement officials.