Deaths in Detention: Are Kenyan Police Cells Safe?

Recent inquiries into custodial deaths in Kenya are casting a stark light on a persistent crisis of accountability, raising concerns about alleged cover-ups and systemic failures within the country's law enforcement apparatus. 

Cases such as the deaths of Albert Ojwang in Nairobi and a defilement suspect in Kisumu are serving as reminders of the deep-seated issues plaguing Kenya's justice system. Legal records and medical reports from various counties, including Kericho, Kisumu, Kisii, and Mombasa, reveal a concerning pattern of disputed causes of death, missing evidence, and investigative loopholes. 

Recurring Theme: Suicide as Official Cause

A recurring theme in these cases is the frequent attribution of deaths to suicide, even when circumstances indicate physical harm or neglect. Pathologists and court officials have increasingly expressed doubts about the accuracy of these classifications, highlighting the potential for misrepresentation or oversight.

The Case of Jane Chepkurui

The 2009 death of Jane Chepkurui in Kericho County exemplifies this ambiguity. Chepkurui was arrested over a Sh4,000 debt dispute and died while in custody at Mogogosiek Police Post. While officers claimed she hanged herself with a tablecloth, this crucial piece of evidence was never presented in court.

The post-mortem examination, conducted by Dr. Ben Kiplangat Korir, determined that Chepkurui died from respiratory failure due to strangulation. 

Dr. Korir concluded that these injuries were unlikely to be self-inflicted and also reported signs indicative of sexual assault, further complicating the narrative.

Despite initial charges against three officers, Hassan Wafula, James Ngirine, and Haron Mutwima, court testimonies conflicted. Nurse Rose Chepngeno contradicted Officer Wafula's claim that Chepkurui was alive when escorted to Mogogosiek Dispensary, stating that the deceased showed "no signs of life" upon arrival. The court ultimately ruled that the absence of consistent and concrete evidence made any definitive conclusion elusive.

The Death of Samson Otieno

In Kisumu County, the 2019 death of 29-year-old Samson Otieno at the Central Police Station presented a similarly opaque case. Otieno, arrested on suspicion of mobile phone theft, was reportedly fatigued and intoxicated at the time of detention. Although he allegedly declined medical attention after complaining of being beaten, a subsequent autopsy revealed fatal internal bleeding caused by blunt trauma to his abdomen. 

The injury was linked to a ruptured spleen and liver. Two club security guards, Brighton Odiga and Fidel Castrol Oloo, were charged but later acquitted by Justice Shariff Mwanaisha Saida, who said, "Whereas Otieno suffered injuries, no one could tell those responsible."

The Demise of Bramwel Jimmy Chikunza

The 2020 death of Bramwel Jimmy Chikunza in Kisii County further complicates the narrative. Chikunza, who had accompanied a friend to inquire about bail for the latter's detained wife, became embroiled in an altercation with officers after being denied access. Both men were arrested and registered under "unknown" identities after refusing to provide their names. A physical confrontation ensued, during which Chikunza suffered injuries that would later prove fatal. 

Investigating officer Corporal Anne Owino told the court that Chikunza died under unclear circumstances. Eyewitnesses claimed that he had been kicked in the abdomen by Officer Boniface Maubi, who was in civilian attire. Although Maubi was charged with murder, he was acquitted by Justice Rose Ougo, who ruled that there was insufficient evidence to establish common intent to kill on the part of the officers involved. 

Mr. Omondi, Chikunza's friend and the only witness, expressed discontent with the identification parade's setup, noting that it took place inappropriately close to the location where Chikunza had died, raising concerns over intimidation and procedural integrity.

Judy Wanja's Suspicious Death

Even outside station confines, the pattern of inexplicable deaths persists. In Mombasa County, the suspicious 2017 death of Judy Wanja, found hanging from a curtain in the locked home of her partner Constable David Kanyi, raised serious questions. The couple had reportedly argued the night before her body was discovered.

While initial reports suggested suicide, the Directorate of Criminal Investigations floated alternative explanations, including strangulation and possible interference by a third party, though neither theory was supported conclusively by the evidence presented. A neighbour testified to hearing a quarrel that included a third voice and sounds of a scuffle. Yet, this line of inquiry ultimately did not result in a murder conviction. Though Kanyi was initially sentenced to 13 years for manslaughter, he was released in December 2022 upon appeal. 

Systemic Issues and Lack of Accountability

These cases collectively raise serious concerns about how custodial deaths are investigated and prosecuted in Kenya. The frequent attribution of such deaths to suicide, despite physical evidence suggesting otherwise, undermines public confidence and limits the scope of judicial redress. Repeated failures to secure convictions, often due to evidentiary gaps or unreliable witness accounts, create an environment in which systemic abuse can flourish unchecked.

The recurring appearance of cover-ups, such as the failure to submit key exhibits or the use of ambiguous language in post-mortem reports, points to institutional weaknesses in Kenya's policing and forensic accountability structures. These shortcomings are compounded by cultural and legal inertia, where victims' families are left navigating opaque pathways to justice.