THE COMMISSION ON ADMINISTRATIVE JUSTICE Office of The Ombudsman

Hata Mnyonge Ana Haki

Press Statement for Immediate Release

Findings of an Investigation into the Death of an In-mate of Rwandan Origin, Mr. Cyiza Desire, at the Kericho Main GK Prison

Nairobi, October 16th 2013, The Commission on Administrative Justice, (Office of the Ombudsman) wants officer in charge of Kericho Main Prison, Mr. Hassan F.M. Wafula penalized for negligence leading to a prisoners death. The Ombudsman accuses the prison officials of cover up, inattention and negligence. Contrary to media reports that Prisons Officers subjected the in-mate, Mr. Cyiza Desire, a Rwandese national, to torture, the findings of the Ombudsmans investigations reveal that the prisoner died of pneumonia. The Ombudsman however found that there was breach of duty of care by the prison officials at Kericho GK Prison in delaying to respond and facilitate prompt medical attention to the deceased. The Ombudsman found that no official transport was available to rush the deceased to hospital while in a critical condition. A taxi was later used to take the prisoner to hospital on the night of 4th July 2013. The Commission also wants two prisons officers at the Prison prosecuted for giving false information during the investigations. The officers gave intentionally misleading statements to the CAJ investigators with regard to the mode of transport used to take the deceased to hospital. The two, Senior Sergeant Panaito Onyango and Mr. Joseph Cheruyiot Kiprotich stated that they used the official vehicle KGA 349S to take the deceased to hospital while the investigations revealed that a taxi was used. The Commission has further recommended to the Commissioner General of Prisons to take action against Mr. Wafula, the Officer in Charge of Kericho Main GK Prison for being unresponsive and un-cooperative during the investigations. The Commission undertook independent investigations on its own initiative (suo motu) following media reports that the prisoner had been subjected to torture by prisons officials leading to his death. In mates at the Kericho GK Main Prison however appealed to the Ombudsman to look into allegations of torture, inhuman and degrading treatment perpetrated by the prison officials at the prison. Speaking to investigators from Office of the Ombudsman during the investigations, the prisoners complained of numerous incidents of torture and victimization. In the course of the Inquiry, the Ombudsman noted that four inmates who testified and recorded statements with the Criminal Investigations Department (CID) with regard to the alleged torture and death of Mr. Desire were detained in isolation cells from the time they testified to the police. The Prisons Officers denied allegations of victimization, but the Ombudsman found it highly unlikely that each of the four who gave evidence shortly thereafter separately committed individual acts as to require isolation. The Ombudsman has made the following recommendations to relevant ministries and departments:

Recommendations to the Commissioner General of Prisons:

1. To undertake further internal investigations on the alleged torture of inmates and institute appropriate action.

2. To cause a caution to be served upon Mr. Hassan F.M. Wafula, Senior Superintendent of Prison and in-charge, Kericho Main GK Prison for delay, inattention, and unresponsive conduct.

3. To improve the documentation of particulars of inmates upon being committed to the prisons, so as to ensure easy identification and communication with their next of kin in the event of emergencies or fatalities.

4. To investigate allegations of victimization by prison officials from Kericho Main GK Prison on prisoners who gave evidence to the police with respect to the death of the late Cyiza Desire. Victimization of inmates should cease forthwith and if the same continues, it shall invite a further inquiry and disciplinary action.

5. To invite relevant Agencies to train the officers at Kericho Main GK Prison on human rights standards and basic minimum standards on the treatment of prisoners.

To National Police Service

1. To conclusively and promptly finalize their investigations on the matter and take appropriate action based on their findings.

To The Director of Public Prosecutions 1. To institute prosecution of Senior Sergeant Panaito Onyango and Mr. Joseph Cheruiyot

Kiprotich (driver) under Section 52 of the CAJ Act on account of providing false information in their written statements averring that the deceased was taken to hospital in the official prison motor vehicle registration number, GK A 349S while knowing that to be false.

The report has been submitted to the following offices:

1. Hon. Joseph Ole Lenku- Cabinet Secretary, Ministry of Interior and Co-ordination of Government

2. Mr. Keriako Tobiko Director of Public Prosecutions 3. Mr. Mutea Iringo- Principal Secretary, (Interior) 4. Mr. Isaiah Osugo- Commissioner General of Prisons 5. Mr. David Kimaiyo Inspector General of Police 6. Mr. Hassan Barasa Wafula- Officer-in-charge, Kericho Main GK Prison 7. His Excellency, Mrs Yamina Karitanyi, High Commissioner, Rwanda.

Commissioner Otiende Amollo, Chairperson, CAJ "Office of The Ombudsman"

THE COMMISSION ON ADMINISTRATIVE JUSTICEOffice of The OmbudsmanHata Mnyonge Ana HakiPress Statement for Immediate ReleaseFindings of an Investigation into the Death of an In-mate of Rwandan Origin, Mr. Cyiza Desire, at the Kericho Main GK PrisonNairobi, October 16th 2013, The Commission on Administrative Justice, (Office of the Ombudsman) wants officer in charge of Kericho Main Prison, Mr. Hassan F.M. Wafula penalized for negligence leading to a prisoners death. The Ombudsman accuses the pr...Contrary to media reports that Prisons Officers subjected the in-mate, Mr. Cyiza Desire, a Rwandese national, to torture, the findings of the Ombudsmans investigations reveal that the prisoner died of pneumonia. The Ombudsman however found that ther...The Commission also wants two prisons officers at the Prison prosecuted for giving false information during the investigations. The officers gave intentionally misleading statements to the CAJ investigators with regard to the mode of transport used to...The Commission undertook independent investigations on its own initiative (suo motu) following media reports that the prisoner had been subjected to torture by prisons officials leading to his death.In mates at the Kericho GK Main Prison however appealed to the Ombudsman to look into allegations of torture, inhuman and degrading treatment perpetrated by the prison officials at the prison. Speaking to investigators from Office of the Ombudsman dur...Recommendations to the Commissioner General of Prisons:1. To undertake further internal investigations on the alleged torture of inmates and institute appropriate action.2. To cause a caution to be served upon Mr. Hassan F.M. Wafula, Senior Superintendent of Prison and in-charge, Kericho Main GK Prison for delay, inattention, and unresponsive conduct.3. To improve the documentation of particulars of inmates upon being committed to the prisons, so as to ensure easy identification and communication with their next of kin in the event of emergencies or fatalities.4. To investigate allegations of victimization by prison officials from Kericho Main GK Prison on prisoners who gave evidence to the police with respect to the death of the late Cyiza Desire. Victimization of inmates should cease forthwith and if the ...5. To invite relevant Agencies to train the officers at Kericho Main GK Prison on human rights standards and basic minimum standards on the treatment of prisoners.To National Police Service1. To conclusively and promptly finalize their investigations on the matter and take appropriate action based on their findings.To The Director of Public Prosecutions1. To institute prosecution of Senior Sergeant Panaito Onyango and Mr. Joseph Cheruiyot Kiprotich (driver) under Section 52 of the CAJ Act on account of providing false information in their written statements averring that the deceased was taken to ho...The report has been submitted to the following offices:1. Hon. Joseph Ole Lenku- Cabinet Secretary, Ministry of Interior and Co-ordination of Government2. Mr. Keriako Tobiko Director of Public Prosecutions3. Mr. Mutea Iringo- Principal Secretary, (Interior)4. Mr. Isaiah Osugo- Commissioner General of Prisons5. Mr. David Kimaiyo Inspector General of Police6. Mr. Hassan Barasa Wafula- Officer-in-charge, Kericho Main GK Prison7. His Excellency, Mrs Yamina Karitanyi, High Commissioner, Rwanda.Commissioner Otiende Amollo, Chairperson, CAJ"Office of The Ombudsman"