A protracted disagreement between the Independent Policing Oversight Authority (Ipoa) and the Office of the Director of Public Prosecutions (ODPP) is reportedly delaying justice in cases involving alleged police misconduct, with tragic consequences for families, such as that of Kimutai Kimeto, who died in June 2024, nearly two years after sustaining injuries allegedly inflicted by police officers.
Kimeto, a resident of Bomet County, was arrested in December 2022 and allegedly subjected to severe physical abuse while in police custody.
His family says they believe the stalled decision-making process between the two state agencies has contributed to a prolonged denial of justice.
They also claim that despite extensive investigations, the prosecution decision remains pending, even as the implicated officers continue to serve in the police force.
Documents seen by The Star, including an investigative file prepared by Ipoa, indicate that the central issue in the impasse was whether the officers should be charged with murder or torture.
The file shows that as this legal debate unfolded, Kimeto remained in declining health, ultimately succumbing to injuries his family believes were sustained during police detention.
A letter dated December 4, 2024, from a Bomet-based prosecutor, Kiarie Waweru, raised objections to pursuing a murder charge. In the letter, Waweru cited a legal provision barring murder charges if the victim dies more than a year and a day after the incident that allegedly caused the fatal injuries.
“With tremendous deference to my senior, it is my humble view that a murder charge cannot stand… A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death,” Waweru said.
Subsequently, the case took a new direction.
The officers named in the file, Kiprono Seroney, Nicholas Munuymba, and Joseph Koech, are expected to face charges under the Prevention of Torture Act, specifically for the offence of torture as outlined in section 5(i) of the law.
The Ipoa report describes Kimeto as a man in his late 30s who struggled with alcoholism. According to family accounts, he occasionally took household items from his mother’s home to exchange for alcohol. His mother, Alice Chelangat, reportedly contacted the police in an attempt to address the issue, but she maintains that she never intended for her son to be harmed.
Kimeto’s arrest followed a complaint from his supervisor at the Kapkoros Tea Factory, who reported him for causing a disturbance at the workplace. Officers from the Kapkoros Police Post detained him on December 3, 2022. What allegedly transpired at the station forms the core of the Ipoa investigation.
According to witness statements and medical records reviewed by Ipoa, Kimeto was subjected to prolonged physical abuse, which reportedly included being bound with two sets of handcuffs and immobilised in a manner that caused immense discomfort. He was allegedly beaten with sticks and other implements, leading to significant injuries.
“They [officers] locked him using a stick, placed it between his hands and legs, immobilising him completely, and they started beating him using a jembe stick. They kept assaulting him randomly until he fainted. D1 [Kimeto] only came to realise himself when his mother came to the post,” reads a signed statement from Kimeto included in the investigation file.
Statements from witnesses and family members describe his condition following the alleged assault as grave. He was released later the same day, but reportedly struggled to walk. A well-wisher assisted him in returning home.
Medical treatment began the following day, according to records. Reports indicate that Kimeto suffered multiple fractures and tissue damage, particularly in his lower limbs. Over time, his condition deteriorated despite ongoing treatment.
A postmortem conducted after his death in June 2024 concluded that Kimeto died of multi-organ failure due to complications from blunt force trauma, which the medical report linked to injuries sustained at the Kapkoros Police Post.
The deceased was allegedly assaulted at Kapkoros police post, and he has been getting treatment in different hospitals. He was admitted at Litein Mission Hospital on June 6, 2024, until June 12, 2024 [when he died],” the report states.
The delay in charging the officers has been attributed to differing interpretations of applicable laws and prosecutorial strategy. A prosecutor familiar with the matter said that while a torture charge has now been agreed upon, the Prevention of Torture Act is relatively new and lacks legal precedent in Kenyan courts.
“This law is still new and has no precedent, so we are in uncharted territory here. But we want to use this case to test it and create case law,” said the prosecutor, who requested anonymity due to the sensitivity of the matter.
Ipoa’s head of communications, Dennis Oketch, did not respond to requests for comment by press time.
