The family of Erick Otieno has accused police of concealing CCTV footage and other evidence from them, which it says could shed light on how the 19-year-old boda boda rider died shortly after being released from Muthaiga Police Station.
Lawyers and civil society groups on Wednesday accused the police of withholding key evidence that could establish what transpired between Otieno's arrest on Saturday and his death on Sunday night while being rushed to Mama Margaret Uhuru Hospital.
Former Law Society of Kenya (LSK) president Faith Odhiambo urged the Independent Policing Oversight Authority (Ipoa) and the Kenya National Commission on Human Rights (KNCHR) to preserve evidence to avoid the risk of it being tampered with.
"We want the CCTV footage at Muthaiga Police Station to be obtained by Ipoa and also by the Kenya National Commission on Human Rights and ensure the evidence is not tampered with," Ms Odhiambo said.
She said the family had already obtained six Occurrence Book (OB) entries documenting Otieno's movement in and out of the station, but insisted that more evidence was needed, including hospital records showing whether officers sought medical attention for him while in custody.
"We want to see evidence of the records that he was taken to hospital. We do not want this to be another scenario where there is an attempt to cover up yet a life has been lost. A family has lost a breadwinner, a brother, a son and a friend," she said.
The family's lawyer, Alvin Attalo, questioned what happened during the roughly 36 hours Otieno spent in police custody, saying the family had received little information despite repeatedly seeking answers from the authorities.
He said Otieno was arrested on Saturday afternoon and his brother, Arnold Otieno, visited him later that day, only to find him complaining that he had been severely beaten.
The police, Mr Attalo said, had set cash bail at Sh10,000, but the family could initially raise only Sh6,000.
"By 7.00pm, they had managed to raise about Sh6,000. Even then, the police were unwilling to release Erick and only did so after a lot of begging," he said.
Mr Attalo said the family has also not been given clear information about the offence for which Otieno had been arrested.
"The only thing we were told was that it was allegedly preparation to commit a felony, but nothing concrete has been provided to us," he said.
Otieno died slightly past 11.00pm on Sunday while being taken to hospital. The lawyer said the family was demanding certified OB extracts, CCTV footage covering the entire period Otieno was in custody and the identities of every officer involved in his arrest, detention and release.
Erick Otieno. after his release on cash bail late Sunday night, he vomited blood in front of his sister, struggled to walk and died on the way to hospital.
"We need CCTV footage from the time he was arrested up until the time he was released to his family. We need all officers involved in his arrest to be identified and their names given," Mr Attalo said.
"In the absence of the extracts, information can be manufactured. We want the CCTV footage to show the exact moment he came in, his condition, the times they say he was taken to hospital and the time he was released on Sunday night," he said.
Mr Attalo added that the family would hold every officer involved accountable, including the Officer Commanding Station (OCS), the arresting officers and cell sentries.
LSK's representative, Abner Mango, criticised the National Police Service for what he described as silence days after the incident.
He noted that despite the incident occurring on August 1, no public administrative action had been announced against officers attached to Muthaiga Police Station.
"As we speak, the OCS at Muthaiga Police Station and the cell sentries, who are prime suspects in this case, are out there free yet the law is not being applied because investigations are ongoing," he said.
Drawing parallels with the death of Albert Ojwang, Mr Mango called on Ipoa to urgently secure CCTV footage and asked the Directorate of Criminal Investigations (DCI) to arrest officers linked to Otieno's detention.
19-year-old Erick Otieno. He succumbed to internal injuries after he was allegedly beaten in the police cells at Muthaiga Police Station.
Photo credit: Bonface Bogita | Nation
"We want the DCI to move with speed and arrest all these officers, including the OCS and those who arrested, booked and released him when he was almost dying," he said.
Activist and Mathare Social Justice Centre co-founder Wanjira Wanjira said Otieno's death had deepened fear among residents of Mathare, where several alleged cases of police abuse and enforced disappearances have been reported.
She linked Otieno's death to what she termed a growing pattern of impunity, citing previous deaths in custody and unresolved disappearances.
"We need real change in the system and accountability. The cops who killed Erick Otieno did so because the top cops involved in the killing of Albert Ojwang have faced no consequences," she said.
Vocal Africa Executive Director Hussein Khalid also questioned Ipoa's effectiveness, saying the oversight agency must demonstrate that it can hold rogue officers accountable.
He claimed that police-linked killings had continued to rise despite repeated complaints being lodged with Ipoa.
"This institution is funded by taxpayers' money. We want to see results and accountability. These killer officers should not be walking free looking for their next victim," Mr Khalid said.
Describing Otieno as a boda boda rider who supported his family through daily earnings, Mr Khalid appealed to Kenyans to stand with the bereaved family as they pursue justice.
