DPP appeals acquittal of three police officers accused of torture

The Director of Public Prosecutions (DPP) has filed an appeal at the Migori High Court challenging the acquittal of three police officers who were previously charged with torturing a civilian in custody.

The officers - Peter Langat, Peter Nyakundi, and Gilbert Aleka - had been facing charges under the Prevention of Torture Act, No. 12 of 2017, for allegedly torturing Edward Ondiek Amayo on May 24, 2022, while he was being held at Homa Bay Police Station.

In the appeal, the DPP is seeking to overturn the acquittal delivered by the trial court under Section 215 of the Criminal Procedure Code, and is urging the High Court to instead enter convictions and impose appropriate sentences.

The appeal sharply criticizes the trial magistrate’s judgment, claiming it lacked legal depth and strayed into personal interpretation.

“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,” the DPP says in the appeal.

The DPP argues that the trial court ignored key evidence, including testimony from 10 prosecution witnesses, which the office insists was sufficient to secure a conviction.

The appeal notes that both the prosecution and the accused confirmed the complainant had been in the officers’ custody on the day in question, yet “the court failed to draw appropriate legal conclusions from this admission.”