No, Kenyan woman was not arrested for running a private prison - viral photos misrepresent 2022 drink-driving case
IN SHORT: Claims on Facebook that a woman was arrested for running a private prison in Kivumbini in the Kenyan county of Nakuru are false. The photo used as proof dates back to 2022 and shows a woman briefly detained in court for drink-driving.
Photos are circulating on Facebook with the claim they show a woman arrested for allegedly running a private prison in Kivumbini, a neighbourhood in Nakuru county, about 170 kilometres northwest of Kenyan capital Nairobi.
According to the post's caption, the woman has been "arresting" dozens of people for offences such as driving under the influence, drug use, theft and domestic violence, and sentencing them to lengthy prison terms. The claims are presented humorously and suggest the events took place in Nakuru.
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The photos show a woman seated inside what appears to be a court holding area and are shared as supposed evidence that she ran an illegal detention facility. However, no proof is provided to support the claims in the caption.
In Kenya, only authorised officers have the legal power to arrest people. These include police officers from the National Police Service (NPS) and a limited number of other officials, such as immigration officers and magistrates, who are granted specific arrest powers by law. Ordinary citizens do not have general arrest powers and may only carry out a citizen's arrest in limited circumstances, after which a suspect must be handed over to the police immediately.
Law enforcement and sentencing follow a transparent legal process. Police investigate and arrest and together with the office of the director of public prosecutions, decide whether to charge the suspects. Only courts of law, through magistrates or judges, can determine guilt and impose sentences. Individuals have no authority to detain or imprison others.
Kenya also has no private police stations or privately run prisons. The NPS operates all police stations, while the Kenya Prisons Service manages all prisons. While private security companies exist, their role is limited to guarding property, and they have no authority to arrest, detain or imprison individuals.
This claim has also been posted here and here. (Note: See more instances at the end of this report.)
But is this story true? We checked.
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Photo dates back to 2022
A news story this odd would have been reported by credible news outlets for its interest value. However, no such reports exist.
A Google reverse image search showed that the photo predates the Facebook posts and was published by Kenyan news outlets in September 2022 in an entirely different context. The woman pictured was detained in connection with a drink-driving case.
According to reports, senior principal magistrate Martha Nanzushi ordered her detention after she fell asleep and began snoring on a bench during the court session. The magistrate directed that the case proceed once she had sobered up.
None of the original news articles mention a private prison, mass arrests or impersonation of law enforcement officers, contrary to the claims made in the viral Facebook post.
This claim has also been posted here, here, here, here, here, here and here.
