Help! Police placed me in a holding cell with male detainees where I endured sexual taunts

Dear Vivian,

I was recently arrested for a traffic offence while on a long-distance drive, and after being taken to the police station, I was placed in a holding cell that had male detainees. While in the cell, I was verbally sexually harassed by some of the men, and I felt extremely unsafe and humiliated. I remained there for several hours until a friend came to bail me out. Could you advise me on whether this was a violation of my rights, and what can I do to seek justice or hold those responsible accountable?

Martha Ochieng,

Kisumu

Dear Martha,

Being arrested and subsequently held in a police cell with male detainees, where you were verbally sexually harassed, is deeply troubling. What you went through is not only unacceptable but also a violation of your fundamental rights as protected under Kenyan law.

The Constitution upholds the dignity of every individual and expressly prohibits any form of inhuman or degrading treatment. Your placement in a mixed-gender cell put you at clear risk and compromised your safety, which the law seeks to prevent. The Persons Deprived of Liberty Act specifically reinforces this protection by requiring that persons in custody be treated humanely and held in conditions that respect their dignity. One of the key safeguards under this law is the separation of male and female detainees. This isn’t just a formality; it’s a critical measure to ensure women are not subjected to further trauma while in state custody.

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Your experience also raises serious concerns under the Sexual Offences Act, which addresses sexual violence, including verbal sexual harassment. Although you were not physically assaulted, the law recognises that persistent sexual remarks or harassment, especially in a confined space like a cell can amount to a form of abuse. Police officers have a legal and ethical responsibility to prevent such harassment and ensure the safety of persons in their custody, particularly those who are most vulnerable.

Unfortunately, your case highlights the systemic failures that continue to exist in the enforcement of these protections. There have been court decisions where similar violations have occurred, and in those cases, the courts have held police officers and state institutions accountable for the harm caused to women in detention. These rulings affirm that the state must guarantee not only physical safety but also emotional and psychological well-being for all persons in its care.

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I would strongly encourage you to consider lodging a formal complaint with the Independent Policing Oversight Authority, which has the mandate to investigate police misconduct. You may also wish to reach out to human rights organisations such as the Independent Medico-Legal Unit, which offers legal aid and psychosocial support to individuals who have experienced violations of this nature. It’s important that your experience is not dismissed or minimised. The treatment you received was not only unacceptable but also unlawful.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer (wakililegaleye@gmail.com).