TAITA TAVETA, Kenya – In what began as a routine police patrol on 8th April 2024 in Singila Village, Mwatate, Taita Taveta County, a fatal confrontation ensued that prematurely cut short the life of 31-year-old Julius Mwafuga. Constable James Hindu Mburu, an officer then attached to Mwatate Police Station, stands accused of the alleged murder of the young man.
According to witness accounts, Constable Hindu, accompanied by other officers, stormed Mwafuga’s homestead on the morning of the arrest. Witnesses present at the scene revealed that an unprovoked escalation occurred, during which the officer assaulted the deceased, repeatedly pinning him down on the ground.
Prime Africa’s Investigation Desk has established that Mwafuga succumbed to deep, sustained injuries inflicted both at his home and during his subsequent police custody.
The Morning Mwafuga Was Arrested
According to witnesses and family accounts, Mburu, accompanied by other officers, went to Mwafuga’s homestead in Singila Village on the morning of April 8, 2024.
What followed was an alleged confrontation that escalated into a physical struggle.
Witnesses who spoke to Prime Africa Investigations Desk claim that Mwafuga was assaulted during the confrontation and repeatedly pinned to the ground, his family says Mwafuga complained of a severe headache as officers took him away.
A video reviewed by Prime Africa allegedly captures Mwafuga in detention at Mwatate Police Station complaining about headache and dizziness following the confrontation.
Another section of footage, recorded by his sister shows Mwafuga pointing towards his head, apparently indicating where he was experiencing pain.
Prime Africa has reviewed the footage but has not independently established every circumstance surrounding its recording.
Forensic and Video Evidence
Evidence obtained by Prime Africa points directly to fatal physical aggression. A post-mortem report reviewed by our team reveals that Mwafuga died from a severe head injury caused by a blunt object.
Furthermore, video footage captured by the deceased’s sister during his detention at Mwatate Police Station shows Mwafuga pointing directly to a head injury, visibly distraught and lamenting severe head pain and dizziness caused by the assault. Family sources confirmed that he was already complaining of acute pain as officers whisked him away from his home.
Despite the compelling forensic and video evidence indicating that Mwafuga died in police custody on the very day of his arrest, the key suspect remained active in police service for over two years.
Allegations of Witness Intimidation and Judicial Delays
Despite efforts by the Independent Policing Oversight Authority (IPOA) Investigation, prolonged delay in prosecuting the case has left the victim’s family living in constant fear. Reliable sources and family members report that the suspect, utilizing proxies, has actively engaged in witness intimidation.
The suspect has reportedly failed to appear before court during a number of key sessions, including appearances scheduled for 21 May and 13 July 2026, circumstances that have contributed to the delay in plea-taking.
The repeated failure to have the accused physically produced before court has frustrated the family, who say they have waited for years for answers.
Questions have also been raised about why an officer facing such serious allegations was allowed to remain in active service for an extended period before the case could proceed.
“On a number of occasions, we have informed the authorities about suspicious vehicles following us and stopping near our homes for hours. I think it is an intimidation tactic to silence the truth,” a key witness told Prime Africa.
Local rights defenders have also voiced alarm over procedural anomalies within the justice pipeline. Speaking on the delays, Taita Taveta Human Rights Watch official Haji Mwakio condemned what he termed a coordinated attempt to shield the officer from prosecution.
“It is evident that the system is trying to protect the suspect. Where is the justice in this country?” questioned Mwakio. “Why is the prosecution not producing the suspect in court at the required time? Why can’t they take the suspect to the hospital on other days? Why does it have to be on the day of a court appearance?.
He also questioned circumstances surrounding the accused’s reported failure to appear in court.
“Why can’t they take the suspect to hospital on other days? Why does it have to be on the day of court appearance?”
Mwakio said the prolonged proceedings had denied the deceased’s family a timely opportunity to pursue justice.
“This case has been dragged for more than two years with a nature of opaqueness, and this limits justice to the deceased and his family.”
The court process continues to face hurdles; the suspect failed to appear for critical court sessions scheduled for 21st May and 13th July 2026, causing repeated deferrals of his formal plea-taking. The slow pace and transparency deficit surrounding the Office of the Director of Public Prosecutions (ODPP) and judicial handling of the matter continue to spark serious concerns regarding fairness for victims of state violence.
A Pattern of Custodial Deaths
The unsettling details of Mwafuga’s death emerge against a backdrop of heightened scrutiny over police accountability in Kenya, marked by recent high-profile deaths in custody across the country:
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Makueni County: In early August 2026, Gideon Makau was found dead in a cell at Kilungu Police Station hours after his arrest. While police claimed he died by suicide, his family demanded an independent probe, prompting an investigation by the Independent Policing Oversight Authority (IPOA).
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Nairobi County: Erick Otieno, a 19-year-old boda boda rider, died shortly after release from Muthaiga Police Station. A post-mortem examination revealed massive internal bleeding and a ruptured spleen caused by severe blunt-force trauma to the abdomen.
Responding to growing public outrage over police misconduct, Inspector General of Police Douglas Kanja has issued a stern administrative directive targeting station-level commanders.
Speaking on Wednesday, 12th August 2026, during a sensitization meeting on the updated Service Standing Orders and police reforms at the National Police Leadership Academy in Ngong, Kanja ordered the immediate suspension of station personnel whenever a detainee dies in custody.
“And I want to make it very, very clear. Any death occurring in police cells, the OB recorder, the cell sentry, and the duty officer—those officers must be interdicted immediately pending investigation of whatever happened. That is something that you are the commanders on the ground, and you must ensure that happens,” IG Kanja declared.
While the new directive enforces immediate administrative action against the Occurrence Book (OB) desk officers, cell sentries, and duty officers involved in custodial deaths, the family of Julius Mwafuga—and civil society at large—continues to demand answers to fundamental questions: Why was a principal murder suspect allowed to operate freely for over two years, and who is being protected?
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