Editor's Review

The officers had been charged with torturing one Edward Ondiek Amayo while in custody at Homa Bay Police Station.

The Office of the Director of Public Prosecutions (ODPP) has filed an appeal following the acquittal of three police officers accused of torture.

In a statement on Thursday, April 10, the ODPP said the officers, Peter Langat, Peter Nyakundi, and Gilbert Aleka, had been charged with torturing Edward Ondiek Amayo while in custody at Homa Bay Police Station.

"In the appeal, the DPP is seeking a review of the trial court’s decision and is urging the High Court to overturn the acquittal of officers Peter Langat, Peter Nyakundi, and Gilbert Aleka. The DPP is requesting that the acquittal be substituted with convictions and appropriate sentencing.

"The three officers were accused of torturing Edward Ondiek Amayo on 24th May 2022 while in custody at Homa Bay Police Station, in Homa Bay County," the statement read in part.

File image of the Director of Public Prosecutions (DPP) Renson Ingonga

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In its appeal, the ODPP contends that the trial magistrate failed in law and procedure, arguing that the magistrate erred in determining that the prosecution had not proven the case beyond a reasonable doubt.

"The trial magistrate contravened Section 169 of the Criminal Procedure Code by issuing a judgment that lacked legal grounding and was instead influenced by personal opinion and discretion, despite clear statutory sentencing provisions.

"The DPP further argues that the magistrate erred in concluding that the prosecution had failed to prove its case beyond reasonable doubt," the statement added.

The ODPP maintained that the evidence presented before the court was sufficient to establish the officers' culpability. 

The agency said both the accused officers and prosecution witnesses confirmed that the complainant had been in police custody, a fact the court failed to properly interpret.

"The appeal emphasizes that the evidence presented—including testimony from 10 prosecution witnesses—was sufficient to establish the officers’ culpability.

"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 statement concluded.

The ODPP is seeking for the High Court to overturn the acquittal, convict the officers and issue appropriate sentences.