The heartbreaking story of Moses Maingi in Nunguni, Makueni, has left many Kenyans asking: “What would I do if this happened to my brother, son, or friend?” In 2026, police brutality remains a dark shadow over our justice system. However, the law provides clear steps to hold rogue officers accountable. If a loved one is injured or mistreated while in custody, here is the professional and legal roadmap you must follow.
1. Document the Evidence Immediately
As seen in the Makueni case, evidence is the “heart” of justice.
Take Photos: Before the person is treated or the injuries heal, take clear photos and videos of the injuries.
Medical Reports: Ensure the doctor at the hospital (Level 4 or 5) fills out a P3 Form. This is the official police medical form used to prove assault in court.
Note the Time: Keep a record of when they were arrested, which station they were held in, and the names of the officers on duty (check their name tags).
2. Your Constitutional Rights (Article 29)
Every Kenyan must know Article 29 of the Constitution. It states that every person has the right to freedom and security, which includes the right not to be:
Subjected to any form of violence from either public or private sources.
Subjected to torture in any manner, whether physical or psychological.
Treated or punished in a cruel, inhuman, or degrading manner.
3. Who to Call: The Power of IPOA
The Independent Policing Oversight Authority (IPOA) was created specifically for cases like the one in Makueni.
How to report: You can visit their offices in Nairobi or their regional branches.
The Process: Once a report is filed, IPOA has the power to enter any police station, take statements, and recommend the prosecution of officers to the Director of Public Prosecutions (DPP).
4. Engage Human Rights Organizations
Sometimes, a family needs more “noise” to get justice. Organizations like Amnesty International Kenya, the Kenya National Commission on Human Rights (KNCHR), and the Law Society of Kenya (LSK) often provide legal support and push for faster investigations.
5. The “Release” Trap
A common tactic used by rogue officers is releasing a badly injured person so that they “die at home” rather than in a cell. If you are asked to pick up a relative and find them unconscious or severely injured:
Demand a Hospital Transfer: Ask the police to take them to the hospital themselves so it is recorded as a “police transfer.”
Report Extortion: If officers demand money (like the Ksh 20,000 alleged in the Maingi case) to release an injured person, this is a crime. Report this to the EACC.
Conclusion
The death of Moses Maingi must not be just another statistic. By knowing our rights and the steps to take, we build a shield against impunity. Justice for one is justice for all.
