FREEDOM SECURED FOR VICTIM OF WRONGFUL IMPRISONMENT IN KENYA

Dalton* worked as a night watchman at a housing complex. When he noticed early one morning that the vehicle belonging to one of the residents was missing, he knocked on the owner’s door to alert him. Because Dalton had recently needed to remind this particular resident of some of the rules of the housing complex, the man still harbored a grudge from their earlier conversation and did not take kindly to his appearance. Upon searching the complex with the owner and determining definitively that the vehicle was not there, Dalton went to the police station to report the theft. The vehicle’s owner, frustrated at the loss and still angry with Dalton, made the unsubstantiated allegation that perhaps Dalton himself had taken the vehicle. After his initial report, Dalton returned to the police station to make a second report. During this second visit to the police station, the policewoman taking his report alleged that he was lying, likely upon the suggestion of the vehicle’s owner. On these grounds, Dalton was thrown in a cell and charged with the offense of stealing the vehicle. He was told by the police that the only way for him to get out of jail was to produce the vehicle himself. On the basis of an empty accusation made in anger, Dalton was trapped in jail.

Upon discovering Dalton’s case, IJM Kenya was determined to see him released. IJM lawyers met with the owner of the vehicle, who informed them that he had been told that Dalton was released from police custody upon providing his report. His anger over his previous confrontation with Dalton had cooled; he was very surprised to hear that Dalton was being held in jail and explained to IJM investigators that he had pressed no charges against Dalton and did not believe that he should be held in prison.

Dalton’s lawyer persisted in advocating for his right to a fair trial, even as the court date was repeatedly canceled and changed for reasons from holiday celebrations to prosecution witnesses who didn’t bother to show up. With each delay, Dalton’s imprisonment stretched on, despite the fact that the prosecution had never presented a single piece of evidence to actually connect him with the theft of the vehicle.

While his lawyer worked to ensure that Dalton was given the opportunity to defend himself against the false charge, the IJM Kenya aftercare team also made sure that his wife and three children received support. Staff members ensured that his children were able to continue with school and that his wife, understandably distraught at her husband’s imprisonment, received counseling.

Finally, at a rescheduled hearing, the magistrate called Dalton and his IJM lawyer into his chambers and told them that his judgment was not yet complete and that he would reschedule his verdict. Dalton’s advocate was not ready to see this innocent man shackled and led back to jail after another fruitless court date. He was able to persuade the magistrate to complete the judgment as scheduled.

That afternoon, Dalton was acquitted. When he pronounced the ruling, the magistrate stated that there was absolutely no evidence linking Dalton with the theft. His papers were processed and he was able to leave court without handcuffs for the first time in over a year. Dalton’s sister, who was in attendance at the hearing, said to the IJM staff present, “We are grateful for all the work that went into this. Thanks to IJM for their involvement.” When Dalton left the courtroom, he was a free man. After 13 months of separation and injustice, he has returned to his wife and his children.