A magistrate has issued a stern warning to the Directorate of Criminal Investigations (DCI) against resorting to torture the University student who was accused of posting about President Ruto’s alleged funeral during the investigation. The warning comes amidst rising concerns over the treatment of suspects in Kenyan police custody and highlights ongoing debates about human rights and the integrity of investigations.
The alleged methods of interrogation being employed by the DCI as they attempt to uncover the identity of those responsible for the post has raised alarm.
During a court session, the magistrate expressed deep concern over reports that the suspect, who had been arrested in connection with the post, was subjected to physical abuse during questioning. The magistrate made it clear that any form of torture or mistreatment was not only unlawful but also a violation of the individual’s constitutional rights. The court emphasized that all suspects, regardless of the nature of their alleged crime, are entitled to humane treatment under the law.
This warning by the magistrate comes at a time when Kenya’s law enforcement agencies are under increased scrutiny for their handling of suspects. Human rights organizations have long criticized the use of torture and excessive force by police officers in various parts of the country. Torture as a means of extracting information has been condemned by both local and international bodies, with the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment being a key instrument Kenya is a signatory to.
Legal experts have also pointed out that while law enforcement agencies have a responsibility to investigate criminal activity and maintain public order, they must do so within the boundaries of the law. Torture and abuse not only violate human rights but also undermine the credibility of investigations. Any evidence obtained under duress is often inadmissible in court and may lead to the collapse of a case, leaving the justice system discredited.
The magistrate’s warning is a timely reminder that the fight against crime must be conducted with respect for the rule of law and fundamental human rights. While the public outcry over the social media post may have been intense, it is crucial that law enforcement agencies adopt lawful and ethical means to address such issues. The case also serves as a reminder that social media, while a powerful tool for expression, can also lead to complex legal challenges when it crosses into areas of defamation or incitement.