The Law Society of Kenya (LSK) has demanded full accountability following the death of 24-year-old Brian Njung'e while in custody at Kiambu Police Station.
In a statement on Saturday, May 23, LSK President Charles Kanjama raised concerns over the circumstances surrounding the death of the Kiambu National Polytechnic student.
He described the incident as suspicious and calling for immediate public disclosure of the facts.
"The Law Society of Kenya expresses its deep consternation following reports of the sudden and deeply suspicious death of 24 year old Brian Njung'e, a student at Kiambu National Polytechnic, while under detention at Kiambu Police Station," he said.
Kanjama stated that the State has a constitutional obligation to protect individuals once they are placed under police custody, adding that detention facilities should never become places where unexplained deaths occur.
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"When a citizen is arrested, the State assumes a strict, non-delegable constitutional custodial duty of care over their life and physical integrity. A police cell must never become a place of unexplained fatality," he added.
The LSK also pointed to reports that Brian’s family had allegedly been denied access to him shortly before learning of his death, saying the allegations heightened the need for transparency and accountability from the authorities.
"The circumstances presently being reported, including the family allegedly being denied access to him shortly before news of his death emerged, make it imperative that there be full accountability and public disclosure of the facts," he further said.
The society further revealed that it had started engaging the family to provide legal assistance and push for a public inquest into the incident.
"The Law Society of Kenya is actively reaching out to Brian's family to offer comprehensive legal support and ensure a mandatory public inquest is conducted. We will not permit the normalization of custodial deaths or the evasion of administrative accountability," the statement concluded.
This comes a month after Kanjama claimed that slain Advocate Tom Oyua Imbukwa was threatened by a police officer before his death.
Kanjama claimed that the deceased had made complaints about threats made on his life and even avoided his office because of the said officer.
"It is alleged that, for approximately two weeks before the incident. Counsel had been living in fear after receiving threats from a police officer, which reportedly caused him to avoid his place of work and court premises," the statement read in part.
Kanjama added that police officers could have been actively involved in the torture and brutal murder of the slain lawyer.
"It is further alleged that, before his condition deteriorated, Counsel stated that he had been assaulted by police officers and other individuals," Kanjama noted.
The LSK President intimated that when the deceased was found at Harambee Sacco Estate, his left eye had been gouged out.
He questioned a report by police officers who found him that indicated that there was no blood on the scene, yet the deceased bled to death from his injuries.
"This discrepancy raises concerns as to whether the assault occurred elsewhere and whether there may have been an attempt to conceal or misrepresent critical facts, highlighting the urgent need for thorough, transparent, and independent investigations," the statement continued.
Kanjama noted that the incident raised concerns about the increasing insecurity of law practitioners discharging their professional duty.
Consequently, he demanded that the Directorate of Criminal Investigations (DCI) and the National Police Service conduct prompt, impartial, and comprehensive investigations to establish the full facts and circumstances surrounding Imbukwa's death.
The LSK boss requested that the police officer who made threats to the lawyer be investigated and prosecuted if found liable.
"The Society expects that all investigations will be conducted transparently and that any individual found responsible, regardless of rank or office, will be held accountable strictly in accordance with the law. Impunity in matters involving violence against Advocates must not be tolerated," he stated.
