Kapenguria: Police officer on spot for squeezing private parts of a suspect in custody


A police officer in West Pokot County is on the spot for allegedly assaulting and torturing a man inside a cell at Kapenguria Police Station.

The victim whose private parts, leg and abdomen were injured during the torture, has disclosed that he is unable to walk after suffering severe injuries.

What happened to Mwasame

On March 20, 2024, Nelson Mwasame, a 38 year old father of four, a driver who plies the Kitale –Kapenguria road woke up early from his Kipsaina home in Trans-Nzoia and started his normal duty.

Along the road, passengers boarded his matatu vehicle, among them a lady who entered the vehicle at Kesogon stage B.

According to Mwasame, he missed the notification by the lady who wanted to alight at Talau Junction.  

“I didn’t hear the passenger telling me to stop because the volume of the radio was high. She was in the back seat,” he said.

Nelson Mwasame speaking to TV47, at a hospital in Kapenguria on March 27, 2024. Photo: TV47
Nelson Mwasame speaking to TV47, at a hospital in Kapenguria on March 27, 2024. Photo: TV47

Mwasame explained that the annoyed lady alighted at Tartar Junction Weighbridge against her wish.

“She alighted but abused me saying I was stupid. We disagreed and she told me that she will teach me a lesson,” said Mwasame.

The driver pointed out that the lady refused to pay the normal amount of Ksh70 and paid only Ksh50. 

The two engaged in a confrontation, abusing each other, prompting the lady to report the matter to the police.

After reaching Kapenguria town, Mwasame was arrested for abusing the woman and he was taken to Makutano police post.

“I arrived in Kapenguria at 6.30 am and I was arrested. I wanted a cash bail but they refused. At 10 pm I was transferred to Kapenguria police station,” he stated.

While at Kapenguria police station on Thursday night, Mwasame is said to have been assaulted and tortured by a police officer on duty.

“We were 7 people who had been brought to the cell but my name was not called to enter the cell. Others were ushered into the cell and I remained at the booking desk. 

“One police officer who searched us did not speak to me. The police officer later interrogated me, humiliated me and later slapped me. 

“He pushed me inside the cell. After 15 minutes, the police officer came to the cell holding liquor in his hand with a wooden baton and torch,” he says.

Mwasame who narrated his ordeal at ward one of Kapenguria County referral hospital, noted that the police officer took him to another dark room.

“He asked me why I always refuse to give him money. You just always see traffic police as the ones whom you give money but not me. He hit me hard with a wooden club,” he said.

Mwasame recalled that the police officer was familiar to him as he always sees him at the roadblock.

“He beat me badly. He asked me to remove clothes to see if I am circumcised. He then pulled my private parts, pinching from behind. 

“He forced me to take beer but I told him that I don’t drink. He poured water on the floor and told me to sleep in the water. I cried without help. 

“I fainted but he brought water in a bucket and he did first aid to me,” he told news reporters.

The victim was taken to Kapenguria Hospital by the police officers in charge of the station after his situation worsened and he was granted a cash bail.

Mwasame appeals for justice

“I was not lame and I have been crippled by a human being. I need justice. I need Government to help me. My leg has no sense and my private parts and abdomen are injured,” he says.

Mwasame’s wife, Rose Nelson expressed her disappointment, adding that her husband was the only breadwinner of the family.

“I feel pain. We have four children and 2 are in secondary school. I’m jobless and my husband is my only hope and he is now crippled. My hubby has no future now,” she said.

She is now calling on the Independent Police Oversight Authority (IPOA) to intervene and ensure justice prevails.

Joseph Mwasame, a brother to the victim said the attack was an act was an impunity and torture against an innocent Kenyan.

“He can’t walk. We carry him like a child to go for short and long calls,” he said.

Meanwhile, West Pokot Sub County police commandant Kipkemoi Kirui who confirmed the incident, noted that the case was reported on 20th that a man who was in custody was allegedly assaulted by a police officer.

Kirui explained that they have launched investigations into the alleged assault case against the police officer, for action to be taken.

“We want him to get better and come to record the statement. Other people in custody saw the act,” said Kirui.

He added that stern action will be taken against the officer if he is found culpable of any wrongdoing.

“The officer is working but we shall take action if he is found guilty and we shall take him to court. He is not above the law. 

“He will serve as an example. We have not heard about the bribery claims and many of the two know each other,” said Kirui.

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