Nairobi — The Director of Public Prosecutions (DPP) has filed an appeal at the Migori High Court challenging the acquittal of three police officers previously charged with torture.

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 charges were brought under Section 4(a)(i) as read with Section 5(1) of the Prevention of Torture Act, No. 12 of 2017.

The trial court acquitted the officers under Section 215 of the Criminal Procedure Code.

In the appeal, the DPP says the trial magistrate contravened Section 169 of the Criminal Procedure Code by issuing a judgment that lacked legal grounding and was instead influenced by 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 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 DPP has urged the High Court to review the evidence on record, set aside the acquittal, and enter a conviction against the three officers.