Family demands answers for relative who died in police custody

The family of Joseph Ochieng, who died at Changamwe police station on Saturday, is demanding answers to questions surrounding his death.

The family says the 32-year-old father of five was their sole breadwinner and was paying school fees for his siblings.

Cousin Mark Otweyo, who was staying with Ochieng in the same rental house in Magongo Mwisho, said he was the first family member to know about his demise.

Otweyo said Ochieng was arrested on Friday night over allegations of attempting to escape with a car part.

He was reportedly taken to Changamwe police station by his colleagues who worked with him at a garage in Kwa Hola along Airport Road in Changamwe.

“The police officers at the station told me Ochieng was very drunk when he arrived at the station. Besides, he had already been badly beaten by his accusers," Otweyo said.

He said police told him they advised Ochieng to first go to hospital for treatment before he could be booked at the station.

Ochieng was taken to Port Reitz Hospital in Changamwe, according to police.

He later returned to the police station where he was held in custody. However, his cousin said he is not sure if Ochieng was indeed taken to the hospital, or even treated because he was not given hospital records.

"The police said he was locked in the cell that night and found dead the following morning," Otweyo said.

He said upon realisation that Ochieng had died, the police called the people who had taken Ochieng to the station.

When they arrived at the station, two of them were arrested, including the owner of the garage, Otweyo said. Others were released after recording statements, he added.

"I wonder why the police decided to take him to the station and let him spend the night there instead of letting him be admitted to hospital that night. We demand to know the truth about the cause of death of Ochieng," Otweyo said.

As a family we want answers going by the details given at the morgue where his body is lying, he said. The body is at Coast General Referral Hospital mortuary, awaiting postmortem.

"At the morgue, the body of Ochieng has been marked as having died of beating by a mob and we wonder, was the mob in the cell where he died? Ochieng was not beaten by a mob, it's a few people who are known who beat him up," he said.

Samuel Ogada, Ochieng’s father, left his rural home in Migori on Sunday, upon hearing the news of his son's death.

He said he educated his son to be a mechanic so he could help his family and siblings. 

"I received the news of my son's death on Saturday at 9am. I was told he was found dead in a police cell. I don't know how he got there or who killed him or why," Ogada said.

The father accused the police of failing in their role in protecting life.

"The role of the police is to protect life. How then could my son die in a police station? And if he was beaten up by the mob as some are alleging, why didn't they take him to hospital and let him die there?" he asked.

Ogada said Ochieng was the sole breadwinner for his family and his death has plunged his family into confusion, particularly Ochieng's younger siblings, who depended on him for school fees.

The father said Ochieng was a good man who was loved by everyone in the village, including the chief.

"He has never been arrested until now. His mother right now can't even talk because of Ochieng’s death. Even worse, he left behind a widow and five children. Who will take care of these children now?" Ogada posed.

The family wants to know the degree of injuries that Ochieng sustained before his death.

They want the people who killed Ochieng arrested and arraigned. 

Muhuri rapid response officer Francis Auma said he went to the police station Saturday and confirmed with the Officer Commanding Station that Ochieng had died. 

The activist said cases of mob justice are rampant in Mombasa.

"We want to know who killed Ochieng. The police should come clean on this and tell us the truth," Auma said.

Auma also warned the public not to take the law into their own hands.

"If one is a criminal, we have the police and the Judiciary. Let us let the law take its course. But in this case, we want those who were involved to face the law and serve as an example to the rest," he said.

Auma said they are interested in knowing if or not there was negligence on the side of the police.

"You can't book a patient into a cell. It is so dangerous. We are calling upon the Independent Policing Oversight Authority, the Directorate of Public Prosecutions and all actors in the criminal justice system to intervene and fast track this case to unravel the answers," he said.

Calls to Changamwe subcounty police commander and the police station for a comment went unanswered.

However, police spokesman Bruno Shioso said they are investigating the case. He said there are procedures being followed to establish the circumstances under which Ochieng died, including getting a postmortem report.

"Relevant agencies are investigating the matter and we assure the family justice. We are doing it internally and other agencies will join as required by law," he said in reference to IPOA.

Edited by A.N