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Kenya: Police in the Dock Over Torture
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The Nation (Nairobi)
19 March 2008
Posted to the web 18 March 2008
Caroline Rwenji
Nairobi
Five people accused of violently robbing and killing Embakasi MP Mellitus Mugabe Were have accused the police of torture.
Through their lawyer Mr Cliff Ombeta, the suspects said that they have been in handcuffs for many days, including when in the cells and in court.
This prompted Nairobi chief magistrate Mr Gilbert Mutembei to order the prison warders to remove the handcuffs.
Mr Ombeta further alleged that police officers forced confessions from his clients through torture.
The lawyer claimed that James Omondi Odera, Wycliffe Walibwa Simiyu, Paul Otieno Omondi, Mary Muthoni Wamaitha and Josephine Wamaitha Wahome have injuries inflicted by the police.
Time to heal
He alleged that they were kept in the cells for an extra 14 days before they were arraigned in court in order to give time for the wounds to heal.
Mr Ombeta asked the court to allow the five to go for medical examinations and also requested for witness statements, including those he alleged to have been recorded while under duress, and video recordings of the same.
However, the prosecution through State counsel Vincent Wahoro vehemently denied the torture allegations.
"No forceful extraction of information was done by the police," he maintained.
Mr Wahoro said the accused all declined to record confessions at the Makadara Courts and the issue was left at that.
Mr Mutembei ordered that a medical examination be carried out on the five and a medical report be produced in court on April 1.
Mr Omondi, Mr Simiyu and Mr Otieno have been accused of jointly robbing the MP of a mobile phone and a wallet, both valued at Sh22,000, and killing him during the robbery.
It is claimed they committed the offence on 29 January at Woodley Estate in Nairobi.
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They are also charged with violently robbing and killing Thadeus Nzioka Kisau, Barnabas Mutuku Kisau, John Ogolla Akoth. The five accused persons face other charges of violently robbing Geoffrey Muchiri Gachara, police Corporal Julius Kanyanya, Vallerie Ann Leakey, Charlotte Cambelle Stephen, John Clifford Adam, Susan Perrow Adam, Lessa Adeline Dane and Peter John Dane.
They face more charges of possessing firearms and eight rounds of ammunition, while Mr Omondi is further charged with two counts of rape.
They denied the charges and their cases will be heard from April 2 to May 20.
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