Court's 14 rules for suspects' safety in custody

On December 4, 2021, a High Court Judge in Mombasa spelt out 14 rules to be implemented in police cells to ensure the safety and rights of suspects in remand pending trial.

Dubbed "Ogola Rules," the procedures were highlighted following an inquest into the death of British aristocrat, Alexander Monson, in Diani Police Station in Kwale County in May 2012.

Monson died in Kwale hospital after developing health complications sustained from a fatal head injury while in the police cell.

While convicting police constables John Pamba, Naftali Chege, Charles Munyiri Muganda and Ismael Baraka, who were charged with the murder of Monson in May 2012, Justice Erick Ogola said the police officers were negligent and left the aristocrat to die under their watch.

Justice Ogola said the four officers chose to remain mum under the ‘police blue code of silence’ as to who inflicted a fatal injury on Monson’s head, leading to his demise.

“I believe the deceased suffered fatal injuries at the hand of people known to all the accused persons; however, due to what is called the ‘blue code of silence’ in the police force, the police are bound to remain silent,” said Justice Ogola.

The four officers who arrested and booked Monson into the cell were found guilty of manslaughter and sentenced to between nine and 15 years, with each getting a suspended sentence of between five and six years. 

Ogola also alluded to their knowledge of who had tortured Monson while in custody. The judge said the rules will ensure all suspects in police custody are safe and their rights respected.

He recommended installation of surveillance cameras within the police station, including cells. He said there should be a medical checklist to notify the police of any underlying health conditions.

All suspects shall be subjected to mental health screening at the time they are to be booked into a police cell to avoid locking up suspects with health complications.

“Upon such information, the OCS shall immediately take immediate action to protect the life of the suspect and inform the family. Where the defence is bailable, and depending on particulars of the circumstances, the suspect shall be released on bond or cash bail to seek treatment,” said Justice Ogola.

Justice Ogola said food and drinking water shall be supplied to detainees throughout the day and whenever they need it. He recommended refresher training to remind officers of basic training and update information regarding the new development and practice, policies, and law.

Justice Ogola said every arrested person shall be admitted to police bond or cash bail for all bailable offences as soon as possible and that once arrested, the suspect shall go into the police cell immediately and a record made in the OB.

The judge said the movement of suspects in and out of the cell must be recorded at all times to avert a scenario where a suspect is sneaked out of the cells for undocumented reasons.

He said the four officers at one time sneaked Monson out of the cell to interrogate him about bail, and in the process, he ended up getting tortured and died due to injuries to the head.

Justice Ogola said that cells must not be overcrowded. “The cell booking officer shall inform the suspects of their basic rights and assure them verbally that they will treat them with respect and dignity,” said Justice Ogola.

The judge said suspects shall be addressed in a language they understand, and booking officers shall immediately inform the OCS of any health issues a suspect may have at the police cell.

He said where more than one suspect is arrested because of a single transaction, the release on bail shall apply equally as far as possible to avoid suspects negotiating their release with the police.

The judge said the property of the suspects shall be signed by the suspect before he or she is booked into the cell.

“It is necessary for misconduct to be investigated and punished to establish transparency and a fair mechanism. Police cells should meet all health requirements with particular alteration to ventilation, lighting, floor space, cubic air content, and climate conditions,” said Justice Ogola.

In the upshot, the judge said police reforms that had been carried out in the country must count for something and recommended the Independent Police Oversight Authority (IPOA) take proactive action to ensure police reforms in the country succeed.

“If there is one lesson to be learnt from the death of Alexander Monson in a Kenyan police cell, it is that the ongoing police reforms must have some meaning and must be pursued to a point where the results are visible for the people of Kenya,” said Justice Ogola.