• Achieng' made a formal complaint to the National Police Service's Internal Affairs Unit on January 17, citing complaint against Luanda police station. They are calling for answers but Achieng' says nothing has happened.
• Luanda subcounty police commander told the Star he is aware of the rape and corruption allegations but cannot comment as the Internal Affairs Unit is investigating.
Image: FILE
It was supposed to be a happy holiday, a festive New Year's on December 31 and January 1 this year in a rural village in Kisumu.
Instead, it turned into a gang rape nightmare and two days of captivity. It was compounded by alleged police collusion with the rapists and others in Luanda, Vihiga county, to defeat justice. One woman officer allegedly demanded bribes to arrest the two rapists.
Since the rape survivor had no money, there were no arrests.
It's been 11 months and Elizabeth Achieng, a Nairobi resident and single mother, is furious, disillusioned with the 'justice system' and told the Star to use her name.
She claims certain officers based at Luanda police station have been taking her around in circles since she reported the rape on January 2.
Achieng' says she was gang-raped by two men at Ekwanda village in Luanda subcounty between December 31 and January 1. She had just arrived in the village from Nairobi for the Christmas holidays.
Now she can't go back without being ridiculed and stigmatised.
It all began when she was at a shopping centre and a group of men offered to call a boda boda to take her home, Achieng said. Instead, they took her to a house in Ekwanda where she was repeatedly raped.
They stole her mobile phone and Sh6,000, Anchieng said.
She made a formal written complaint to the National Police Service's Internal Affairs Unit on January 17; the letter said, "Complaint Against Luanda Police Station".
In the letter seen by the Star, Achieng’ complained to the NPS that she had been frustrated by some officers, thereby denying her justice.
“After the incident, well-wishers took me to the Ekwanda AP camp where I recorded the statement and was instructed to go see the doctor. After receiving medication at Kombewa District Hospital, the officer told me to go to Luanda police station,” her letter reads.
Achieng' continues, “At Luanda police station I was directed to CPL Ambasa who was to handle my case. She gave me a P3 form to take to the doctor first before she could issue a warrant of arrest.”
One of the suspects, Achieng' said, was arrested on January 5 by an officer from the Ekwanda police post but later released under unclear circumstances.
She writes that officer Ambasa asked her for Sh1,500 to arrest both suspects. She writes that Ambasa continued asking for bribes to ensure both men were arrested.
In response to the complaints, the National Police Service's Internal Affairs Unit in February instructed the Western Regional Police Commander to follow up and address the complaints.
The letter signed by Charlton Murithi, director of the Internal Affairs Unit, read:
“Ref: Complaint Against Luanda police station; The Unit is in receipt of a complaint from Elizabeth Ochieng dated 17-01-2019 on the above subject. The complainant alleges that on 31st December 2018 at around 2000 hours while at Ratta shopping centre in Kisumu county she was [deceived to take a boda boda], gang-raped, her phone and money were taken away and she was held hostage in a house for two days by men who are now known to her.”
It continues, “She reported the matter to the Luanda police station and her case is being handled by CPL Ambasa of Luanda police station. With the help of Ekwanda AP officers, one suspect was arrested [Achieng' says he was later freed] and the case is pending before the Luanda Magistrate's Court. The complainant has on several occasions asked Ambasa to arrest the other remaining suspect as she has information about them but the officer has been asking for a bribe in order to act.”
The Internal Affairs Unit wrote that Achieng's phone was being used by one of the suspects known as Omosh but since she can’t afford the bribes, the suspects have never been arrested.
It said,“Due to the nature of the allegations which appear to seriously indict our officer for police inaction and corruption, this Unit has found it appropriate that your office urgently takes up the matter and ensures that the suspects alleged to be at large are arrested and produced before a court if investigations reveal that the allegations are true.”
Murithi, the Internal Affairs director, recommended that an inquiry file be opened into allegations against CPL Ambasa and on completion furnish the Unit with findings and recommendations to enable them to brief the Inspector General of Police.
Despite this communication, Achieng' said the officers at Luanda police station were still uncooperative and she hadn’t been updated.
Achieng’ calls for authorities to intervene to ensure she gets justice.
Luanda subcounty police commander Johnes Ndolo told the Star by phone on Tuesday that they were aware of the complaints.
"I am aware of the rape case and allegations on some of our officers. I cannot comment though since it is being investigated by the Internal Affairs Unit," Ndolo said.
"We have arrested three people, one is still at large," Ndolo said.
He added that some of the suspects had been arraigned, "The complainant was in court some months ago."
Achieng said she only identified one man in court. He was later released, she said. She also said she took police to a butchery where she said another suspect worked; he was not there.
Achieng is not satisfied. She lost her office work job in Embakasi because she spent so much time telephoning and making visits to the village, where she said she is despised after the rape story got around.
She and her child is supported in Nairobi by a relative who pushed for the arrests.
(Edited by V. Graham)