WritAfrica

By Tobias Ogutu

Not all individuals in prison are guilty of the charges against them. Some are incarcerated due to false accusations by police officers who attempted to extort money from them, which they refused to pay. Although the national police service is mandated to protect citizens, some officers act contrary to this duty. Today, if you interview prisoners or conduct thorough research, you will find that six out of ten are innocent. Many end up in prison because the officer in charge of their case failed to conduct a proper investigation and submitted an inaccurate report to the judiciary, resulting in a judgment that does not reflect the truth.

Recently, David Oyoo was released after spending 10 years in prison. In a one-on-one interview with Oyoo on October 25, 2025, he revealed how the police falsely accused him, leading to his imprisonment. According to Oyoo, he was arrested while watching a soccer match with many others at a local video show. The officers demanded one thousand Kenyan shillings from each person. Since Oyoo had no cash, he and two others were taken to Kondele Police Station, where they spent the night. The following morning, the officers insisted they call their relatives to bring the money. Unfortunately for Oyoo, no one came.

Later in the afternoon, the officers took Oyoo to court. To his surprise, he was charged with possession of marijuana. The officers presented a small bag of marijuana as evidence against him. Although Oyoo denied the charges, he was eventually sentenced to 10 years in prison.

James Ragot also recounts how a police officer from Simba Station in Nyalenda arrested him at night while he was waiting for his girlfriend in a nearby neighborhood. The officer demanded five hundred Kenyan shillings from him, but he refused to pay. During the argument, the officer warned him that he could spend at least six months in Kodiaga Prison. Ragot initially thought the officers were joking, only to realize it was a serious matter when they falsely presented him in court with five liters of illicit brew (Chang’aa). Consequently, Ragot was sentenced to six months in prison.

The issue of police officers being false witnesses against the suspects who deny to give them money is becoming rampant. It is common for an officer to produce things such as illicit brews, marijuana and other drugs as evidence against innocent civilians they randomly arrest for petty or no crimes. The residents of Obunga in a peace meeting organized by Dawn of Obunga CBO pleaded with the police to avoid false accusation especially against the youths. According to Obunga residents, the officers from Obunga police station are prone to arresting youths in the area for petty crimes like loitering at night but change the case when arraigned in court. Most of the Obunga youths have been sent to prison due to false accusation and evidence by police.

Ann Okembo, a business woman in Jubilee Market in Kisumu accused the police for not always conducting thorough investigation before making arrest. According to Ann, she was once arrested by officers from Central Police Station and was almost presented in court for a crime she did not commit, only for police to find out later and released her.

All these paints the police as false accusers and a change in the police services is needed.

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