Collins Ouma, a security guard from Kakamega, is demanding compensation totalling Ksh2 million awarded to him after he won a case against a police officer in 2017.
While recently recalling the incident, Ouma detailed that he was falsely accused of robbery with violence against a police officer who lost a pocket radio and mobile phone along Moi Avenue on the night of January 7, 2013.
Ouma, then a 25-year-old, had relocated to Nairobi in search of a job after growing up amid hardship in a remote village in Kakamega County.
He was also a school dropout who was forced to make ends meet, with his family including his pregnant wife, depending on him as the breadwinner. His siblings also looked up to him to pay their school fees.
In Nairobi, Ouma secured a job as a night guard at a photo studio along Moi Avenue after moving in with his cousin at a ramshackle house in Kibera slums.
On the night of January 7, 2013, while undertaking his duties, he was attracted by a commotion that had ensued a few metres away. His curiosity was piqued when he saw fellow night guards embroiled in an argument with individuals he could not immediately identify.
A police officer who was at the scene claimed to have lost his pocket radio and mobile phone. He had also called for reinforcement from Central Police Station, claiming that his life was in danger.
Within seconds Ouma was handcuffed by police who were involved in the commotion despite being unaware of the cause of the scuffle. By then, a crowd had gathered at the scene, curious about the ongoing developments.
Mistaken for the suspected robber, Ouma and other night guards were bundled into a waiting van and taken to Central Police Station where he was immediately charged with robbery with violence.
“My hopes for ever getting justice came crashing down. I was terrified. I thought I would never see my family again,” a heartbroken Ouma recalled.
The suspects were arraigned in court two days later where charges were read. Ouma’s problems were further compounded by the Ksh2 million cash bail set by the magistrate as a condition for their release.
As a broken man earning peanuts from his menial job, Ouma could not raise the bail. He was thus dumped in prison as he waited for his case to be mentioned.
His co-accused, John Atelu, was released but Ouma was detained for an extra 16 months. By then, his wife, Nancy Oluoch, had given birth to their first-born daughter.
The first thought that came to his mind was pleading guilty as he feared losing his case in court. Thinking about battling with a police officer who wielded power in society was overwhelming. However, his life changed when the International Justice Mission (IJM) picked their case pro bono.
IJM protects people from violence by rescuing victims, bringing criminals to justice, restoring survivors to safety and strength, and helping local law enforcement build a safe future that lasts.
“I saw a well-dressed man coming my way; my heart sank at first. I was afraid. I thought he wanted to add more charges, but he told me he was from International Justice Mission. It was like a dream coming true. I cried. I could not believe it. I was going through a lonely phase in my life. It was the hardest days of my life.” he stated.
IJM established that Ouma and Atelu were falsely accused and decided to represent them in court. His wife, Oluoch, who had also traveled to the village paid him a visit in remand and brought along the newborn who Ouma could, however, not embrace. Ouma was also motivated by hundreds of letters he received from those who heard his stories and was happy to know that they stood in prayer with him.
From Kenya to as far as the United States, the letter gave him hope and belief in securing his freedom. IJM posted his bail after negotiating with the judge to reduce it to Ksh1 million and he was released on December 19, 2014, as the organisation investigated his case.
“I wondered, I sit a catch, will they come to take my parent’s land? I was confused, happy, and excited at the same time,” Ouma stated after receiving the good news.
New evidence presented in court also convinced the judge to rule in his favour. Ouma was acquitted for lack of evidence. His lawyers, in return, sued the state arguing that his rights were violated. The argument stood in court which ordered the state to pay him Ksh2 million compensation.
The father of two was handed a new leaf and picked up his life to provide for his young family. Despite not having received the damages yet, he is happy to be free and take care of their second child.
“Many people prayed for me during my time in prison. I kept reading the word of God daily and shared God’s goodness with other remandees who had no hope. The visits and letters sustained me in prison,” a happy Ouma recounted.
Source: kENYANS.CO.KE
