Boniface Mwangi’s lawyers accuse police of cover-up in assault case

Lawyers representing activist Boniface Mwangi have accused police officers of orchestrating a cover-up to shield themselves from accountability after violently arresting and allegedly assaulting him earlier this month.

Speaking on Tuesday outside Kibera Law Courts, they argued that Mwangi, a victim of police brutality, is now being falsely accused of assault by the very officers who attacked him.

On Monday, Mwangi claimed that he was allegedly assaulted on April 2, 2025, during a violent arrest at his Sema Ukweli offices in Kilimani, Nairobi and later brutalised while in custody at the Kilimani Police Station.

“Mr. Boniface Mwangi was arrested at his office in Kilimani by officers from the Kilimani Police Station. The arrest was unnecessarily violent and brutal. He was beaten up at the point of arrest. When he was taken to the cells, in the cover of that secrecy of the four walls, he was also subjected to further violence,” his lawyer James Wanjeri said.

He noted that the violence against him was so severe that the OCS of the station had to have him transferred to Nairobi Hospital to get medical treatment.

“We were then shocked to discover that the police secretly brought the file to court for him to take plea on a day they knew he was out of the country,” he said.

The legal team said the plea-taking, which had been scheduled for April 22, was deferred after the prosecution asked the court for more time to review the case.

“We have a case where the victim is now the accused person. That is truly and deeply unacceptable. The ODPP has indicated they are not keen to proceed with the plea-taking at this time. They have asked the court for seven days to take further directions, noting that Boniface is also a complainant at the same police station because of the violence and brutality that was meted out.”

Senior Counsel Martha Karua, who was present in court in solidarity with Mwangi, termed the charges a blatant cover-up and questioned the role played by Kilimani Officer Commanding Station (OCS) Albert Chebii.

“Basically, the charges are a cover-up. The arresting officers are covering their crime of assaulting Bonnie, both at his offices and in the cells,” she said.

“What I’m wondering is, what is the role of the OCS Kilimani in this cover-up? Bonnie complained to him. He knew Bonnie had been injured. How would he authorise those charges without investigating and taking action against his own officers? This is a matter the DPP will have to look at, because it looks like the rule of law has diminished to almost zero in this country.”

Karua applauded the prosecution for deferring the plea to allow for further investigation, but insisted the matter now lies squarely in the hands of the Office of the Director of Public Prosecutions (ODPP).

“We salute the prosecution for deferring the plea to investigate the matter further. And we are saying now the ball is in the court of the Office of the Director of Public Prosecutions. I personally believe that this is targeting, that Bonnie was targeted because of being an activist for social justice,” she said.

She added: “The officers must have known it was him, it is his office they were going to, and this may be another new form of violence by this administration on activists and on people who speak out. I do not know, after Boniface, who is next. This must be resisted. We must insist on the rule of law being followed in this country. Let them know this is not about Boniface. It’s about us as Kenyans.”

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On Monday, Mwangi narrated his ordeal, stating that on April 2, three officers, Inspector Stanley Yano, Sergeant Osman Omar and Constable Robert Ouko, stormed his office, allegedly in response to a noise complaint. According to Mwangi, Constable Ouko was intoxicated and began roughing them up upon entering.

“At around 9:30 pm on 2nd April, 2025, three police officers, namely Inspector Stanley Yano, Sergeant Osman Omar, and Constable Robert Ouko, arrived at our Sema Ukweli office claiming they were responding to an alleged noise complaint. Constable Robert Ouko, who was drunk and chewing miraa, started roughing us up as soon as he got into the office,” he said.

“I tried to ask the senior officer at the scene, Inspector Stanley Yano, why Ouko was working and carrying a firearm while intoxicated and chewing miraa. That’s when all hell broke loose, and a scuffle ensued. Ouko tried cocking his gun to shoot me but one of my colleagues pushed his gun away.”

Mwangi said the officers handcuffed and dragged him out of the office while assaulting him. The handcuffs reportedly cut into his wrists so severely that they fell off, and his colleague picked them up.

“As they violently loaded me into the police vehicle, right in front of my colleagues and neighbours, Ouko hit me very hard on the ribs with the butt of his gun. After we arrived at the police station, and I was thrown into the police cell, Ouko followed me inside and assaulted me some more,” he said.

“He rained blows on me as another fellow officer held me down. It was only my screams that saved me because my colleagues who had followed the police car started screaming at the police officers, demanding that they stop beating me.”

Mwangi said Kilimani OCS Albert Chebii intervened the following morning after finding him in pain and ordered that he be taken to Nairobi Hospital.

“I underwent a few procedures, including X-rays to check my ribs, a head scan, and an ultrasound to check for internal injuries that I might have sustained in the cells when Ouko punched my body where my kidneys are located. Luckily, I had no fractures. I sustained injuries on my wrists, knee, had a busted lip, and had a lot of pain on my left ribs where Ouko had hit me with a gun butt. I could also barely see through my left eye,” he said.

After receiving medical attention, Mwangi said he was returned to Kilimani Police Station, where he filed an official complaint under OB No. 84/02/04/25.

“The OCS requested that I don’t publicise my assault as the case was ‘under investigation’,” he added.

Mwangi also reported that his watch and AirPods were taken during the arrest and have not been returned.

Despite filing a complaint, Mwangi said police officers went ahead and filed charges against him at the Kibera Law Courts in his absence while he was abroad. A warrant of arrest was issued after he failed to appear in court for plea-taking, even though his lawyers presented travel documents.

“My lawyer rushed to court to state that I had travelled, and the court set 15th April 2025 as the date for plea-taking. The magistrate was informed that I was out of the country for work and provided evidence of my invitation letter, air tickets, and exit stamps in court. The court still proceeded to issue a warrant of arrest against me,” he said.

While addressing the press, Mwangi said the events have inspired him to start a public campaign to highlight cases of police brutality.

“I think it’s actually because of this entire experience, we’re going to do like a series of stories called ‘Police Wakora’. So if you’re a victim of police brutality, or this happened to you, we’re going to share your story. Imagine they’re trying to set me up. They beat me up, threw me in the cells, then I’m the one being accused of beating the police. Am I even capable of beating police who have guns? I’m still healing,” he said.

Former Chief Justice Willy Mutunga condemned the incident, stating: “If these officers are not prosecuted, we should institute private prosecution. And we should sue the state for damages. IPOA should take action.”

2022 Roots Party presidential running mate Justina Wamae called the incident a “total abuse of power”.

The matter will be mentioned again on April 29, when the prosecution is expected to provide further directions.