Police pliers cost taxpayers Sh1m for 'pinching wrong person'

A Directorate of Criminal Investigation officer’s decision to use pliers to force a village elder repay Sh250,000 to an alleged complainant has cost Kenyans at least a million after the High Court found this a violation of the Constitution.

In a case where officers arrested and tortured the wrong person, Justice Emily Ominde observed that the government, knowing the officers were on the wrong, had tried to convince Emily Jepkemboi and her daughter, Peris Jelimo, to settle the case out of court.

She said the Attorney General, the National Police Service Commission (NPSC), the DCIO Eldoret East, Corporal Florence Kameri and Veronicah Munami should pay the two at least Sh1 million as compensation and shoulder the cost of the case.

Jepkemboi told the court that Kameri and Munami used pliers to pinch her back to force her to admit that she had taken the money. She narrated that despite her mobile number M-pesa messages showing she had not received a coin from her, they detained her illegally.

JepKemboi’s story started on June 14, 2021 when she was with one Kennedy, waiting for a lady who needed to be shown the office of registrar of marriages. She said the lady came with police officers in civilian clothes who arrested them and frog-marched them to a waiting vehicle. She said they were accused of being cons.

Jepkemboi further narrated that she tried to inquire whether it was an issue of mistaken identity, but Kameri told her to shut up.

She was to later learn that Kennedy and another person had obtained Sh250,000 from a complainant, but the officers thought she was the second person.

In the meantime, Jelimo, a 23-year-old, went to visit Jelimo in the station. She too told the court that she faced Kameri’s wrath as she slapped and chased her away. Jelimo also said Munani had threatened to shoot her mother with a pistol if she continued to be stubborn or tried to flee.

The pliers, the slap and the threats were not enough. She testified that the officers got a lawyer, to force her write an agreement after which the DCIO released them on a Sh50,000 cash bail.

Justice Ominde heard that it took the intervention of a higher authority for the bail to be reduced to Sh10,000.

They were released but the investigators retained Jepkemboi’s identification card, to date. Jepkemboi asserted that the officers wrongfully held her in custody and deprived her of her liberty for over 24 hours, after exposing her to torture, cruel, in humane and degrading treatment and holding her incommunicado from her family and lawyer. The saga ended up with the Independent Policing Oversight Authority (IPOA), who after investigations, recommended to the Director of Public Prosecution (DPP) to charge Kameri and Munami. They were, however, given a chance to pursue an out-of-court settlement.

On the other hand, the AG, the NPSC, DCIO and the two officers urged the court to dismiss the case. They argued that it was defective for not having a supporting affidavit. At the same time, they asserted that she had not shown the unlawfulness of the arrest and the subsequent investigations.

While denying the claims, they also argued that Jelimo and Jepkemboi’s statements on what transpired were hollow and there was no evidence to show that the two officers were the ones being referred to in the letters for charges.

The court further heard that they had not shown that the officers had acted maliciously, or outside their powers. At the same time, they argued there was no evidence to show injuries. They also argued that the two had already received justice in terms of diversion before the DPP.

After hearing rival arguments, Justice Ominde said Jelimo and Jepkemboi were truthful and the government and the officers were merely denying that there were officers found culpable.

“The court further notes that the respondents themselves have admitted that they are pursuing an out of court settlement wherein they are in negotiations to compensate the Petitioners which means that they too know that compensation is a relief provided for in law and are submitting along these lines merely for the sake of submissions,” she said.