The Office of the Director of Public Prosecutions (ODPP) has made a plea to the High Court to overturn a ruling that acquitted three police officers accused of torture in Homa Bay.
In a statement on Thursday, April 10, the ODPP revealed that it had challenged the Migori High Court to review the case and reevaluate the evidence presented during the trial.
In its appeal, the ODPP is requesting that the acquittal be substituted with convictions and appropriate sentencing.
The DPP alleged that the trial magistrate contravened Section 169 of the Criminal Procedure Code by issuing a judgment that lacked legal grounding.
He further claimed that the judge was influenced by personal opinion and discretion while making the ruling, despite clear statutory sentencing provisions.
The magistrate also erred in concluding that the prosecution had failed to prove its case beyond reasonable doubt, according to the DPP.
According to the DPP, both prosecution witnesses and the accused persons confirmed that the complainant had been in the officers' custody, yet the court failed to draw appropriate legal conclusions from this admission.
"The appeal emphasizes that the evidence presented—including testimony from 10 prosecution witnesses—was sufficient to establish the officers’ culpability," the statement by ODPP declared.
On May 24, 2022, the victim was reportedly tortured by three police officers while in custody at Homa Bay Police Station in Homa Bay County.
He had been in police custody on suspicion of possessing stolen items, and during his stay, he narrated being subjected to torturous measures, including being suspended face-down between two tables and flogged on the soles of his feet.
The officers were subsequently charged with torture under Section 4(a)(i) as read with Section 5(1) of the Prevention of Torture Act, No. 12 of 2017.
On April 4, they were acquitted under Section 215 of the Criminal Procedure Code, with the trial judge citing lack of evidence.
