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
3.
4.

5.

Prison and in-charge, Kericho Main GK Prison for delay, inattention, and unresponsive
conduct.
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.
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.
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.
3.
4.
5.
6.
7.

Mr. Keriako Tobiko Director of Public Prosecutions

Mr. Mutea Iringo- Principal Secretary, (Interior)
Mr. Isaiah Osugo- Commissioner General of Prisons
Mr. David Kimaiyo Inspector General of Police
Mr. Hassan Barasa Wafula- Officer-in-charge, Kericho Main GK Prison
His Excellency, Mrs Yamina Karitanyi, High Commissioner, Rwanda.

Commissioner Otiende Amollo, Chairperson, CAJ

"Office of The Ombudsman"