On the evening of March 24, 2006, Jeremiah* reported to work as usual as a night guard in a gated community in Nairobi, Kenya.

While he was on duty, a white car pulled up to the gate. Jeremiah walked towards the gate from his nearby shed to question the occupants, as guards are trained not to open the gate for strangers. The driver told Jeremiah that he was a cab driver hired to drive the occupants, who were sleeping in the back of the cab. Jeremiah was adamant about knowing their identity and requested that they get out of the vehicle so that he could identify them. Immediately two men got out of the car and approached the gate. They pulled out guns and pointed them towards Jeremiah. They ordered him to kneel down and raise his hands or else they would kill him. The perpetrators then bundled him in the rear of the vehicle, drove off and later threw him out of the moving car.

Jeremiah trekked back to the community, where he immediately investigated which car had been stolen, reported the incident to the owner of the vehicle, and travelled with her to report the matter to the police. After recording a statement at the station, Jeremiah was locked in the prison, presumably to help police pursue charges. Jeremiah was illegally detained for 10 days before being charged with stealing a motor vehicle and an additional charge of failure to prevent a felony.

From IJM staff interviews with Jeremiah, it was revealed that the police officers handling his case did not find any incriminating evidence but were acting on pressure from the owner of the vehicle, a former magistrate purged from judicial service because of corruption-related allegations. During a later visit to Kibera Law Courts to review the files, an informant who works at the court registry informed IJM staff that magistrates in Kibera were aware of the case as it involved a former colleague. The owner refused to drop the charges before receiving insurance payments for the car. Over the summer of 2006 and well into the fall, the owner was too ill to come to court, resulting in numerous delays. Furthermore, the police never followed up or recovered the stolen vehicle, so the actual thieves were never prosecuted. Jeremiah was unable to raise bail, and he languished in prison for months while the case was delayed, time and time again.

IJM received the case referral soon after Jeremiah’s charge and pushed the case forward amidst the hurdles of adjournments due to non-availability of witnesses. IJM Kenya produced the witnesses that the case had been lacking, and Jeremiah’s supervisor came to court. He testified that Jeremiah had worked as a guard since September 2004 and, like the other guards, had not undergone any training on security. Jeremiah and his fellow guards manned gates that were about 20 meters wide, with large gaps between the metal bars, and guards were given only a bow and an arrow for security. The supervisor had told Jeremiah and his other employees that, in the event they are confronted with a risky situation, they should not compromise their lives. He then admitted that one cannot reasonably expect a night guard to fend off armed robbers.

IJM also proved that no connection could be established between Jeremiah and the thieves, as nothing belonging to the thieves was recovered from our client and no proof of communication between him and Jeremiah was ever found. This was enough for the judge to vindicate Jeremiah and, after being imprisoned since March, Jeremiah was released on December 14, 2006, without charge. Many of his relatives came to the court on that day and celebrated with IJM staff after the ruling.