Senate probes surge in custody deaths, seeks accountability from police and prisons

Senators have launched a probe into what they describe as a disturbing rise in unexplained deaths of suspects and inmates in police and prison custody, demanding accountability and transparency from law enforcement agencies.

The move follows the recent death of Sylvester Mwangoji, alias Mwangoji Wameliza, who died last month while in custody at Weruga Police Post in Wundanyi, Taita Taveta County.

Taita Taveta Senator Johnes Mwaruma, while addressing the Senate, said Mwangoji’s death between April 11 and 12, after his arrest by the police, was not an isolated incident but part of a growing pattern that raises serious questions about the safety, treatment and rights of individuals held by the state.

“This case is not isolated and points to a worrying trend that raises critical questions about safety, treatment and the rights of arrested persons under the custody of the state,” Mwaruma said.

“It is deeply troubling that such deaths occur without prompt accountability, thorough investigations or adequate reporting mechanisms.”

Rising on a statement pursuant to Standing Order No. 53(1), Mwaruma requested the Senate Standing Committee on National Security, Defence and Foreign Relations to investigate the matter comprehensively.

The committee, chaired by Isiolo Senator Fatuma Dullo, has been tasked with probing deaths directly linked to the actions or negligence of police officers, prison wardens or other law enforcement personnel and to report on the disciplinary, administrative or legal actions taken against any officers found culpable.

Senator Mwaruma urged the committee to establish whether the National Police Service (NPS) and the Kenya Prison Service (KPS) maintain an updated and publicly accessible register of all arrested persons and inmates who have died while in custody.

He said the committee should also provide a detailed list of such deaths from 2022 to date, including the names, dates, locations, causes of death and the current status of any investigations or inquests conducted.

He further called on the committee to report on the adequacy of existing legal and institutional frameworks that are meant to protect the rights and welfare of arrested and detained persons in state custody.

Mwaruma questioned whether independent bodies tasked with investigating such deaths are fulfilling their mandates and whether their findings are made public.

The committee is also expected to examine the mechanisms currently in place for handling the bodies of persons who die in custody.

Mwaruma demanded to know whether post-mortems are conducted in the presence of relatives of a deceased person and how the bodies are released for burial.

“We want to know whether the National Police Service and the Kenya Prison Service maintain an updated and publicly accessible register of all arrested persons and inmates who have died while in custody,” he said.

“And if so, provide a comprehensive list of these deaths from 2022 to date, including names, dates, places of death, causes of death and the status of investigations or inquiries conducted.”

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• Naivasha GK Prison
• Senate probes surge in custody deaths
• seeks accountability from police and prisons

The Senate’s move comes amid a string of deaths reported in various detention facilities over the years, raising alarm among rights defenders.

In January this year, a police officer in Nakuru was put in a spot after a defilement suspect died under unclear circumstances while being held at Bondeni Police Station.

Two months later, an inmate at Kibos Maximum Prison died while undergoing treatment after allegedly being assaulted by prison wardens for protesting against poor food rations.

Past incidents paint an even grimmer picture.

In 2018, former Ruaraka OCS Nahashon Mutua was found guilty of torturing to death a suspect, Martin Koome, in 2013. The court heard that Mutua assaulted Koome with a metal pipe and immersed his head in a drum of water.

In 2019, two warders attached to Naivasha GK Prison were interdicted after a report by the Kenya National Commission on Human Rights indicated that an inmate who died there had been tortured.

The horror of police brutality was also exposed in 2009 when six detainees were found beaten to death inside a Kenyan police station. While police claimed the prisoners had fought each other, human rights organisations alleged the deaths were caused by officers.

Several reports by civil society have long highlighted systemic abuse in the country’s detention facilities, with torture and ill-treatment reportedly used indiscriminately to instil discipline. Inmates are said to face beatings for disobeying orders or violating prison rules.

The Senate now expects the committee led by Senator Dullo to conduct a thorough inquiry into the rising death toll, evaluate accountability mechanisms and recommend reforms to protect the rights and dignity of suspects and inmates under state custody.