IGP Sirro, Muhimbili Hospital dragged to court over woman who died in Police cell

Dar es Salaam. Relatives of a woman who allegedly hanged herself while in Police custody in Dar es Salaam two years ago have dragged the Police Force and Muhimbili National Hospital to court demanding a thorough investigation into the incident.

Stella Moses (30) died on the night of December 20, 2020 while in custody at Mburahati Police Station when she surrendered after receiving information that she was wanted at the station.

The relatives have filed the complaint after they were dissatisfied with the entire police investigation into the incident and the cause of death, and are now demanding an independent investigation.

 The case was opened by the deceased's brother-in-law, Emmanuel Kagongo on behalf of the family in the Kivukoni Resident Magistrate’s Court in Dar es Salaam through lawyer Peter Madeleka.

What happened?

After Stella's death, the Police Force through the Kinondoni District Police Commander, Ramadhani Kingai reported that the mother of two had died after hanging herself while in custody using her own clothes.

Kingai said it appeared the woman was heavily indebted and that after investigating they found that the death was not caused by the negligence of officers on duty, because when the suspect was taken into custody all procedures, including inspections, were followed.

Although Kingai claimed the woman died on December 21, 2020, when her relatives spoke to Mwananchi they claimed Stella died on Sunday evening, December 20, the day she presented herself  to the station after receiving information that she was wanted.

They claimed that when they went to the station to deliver some tea for the suspect on Monday at 8:00am, and they were told by the police that they were late and had to return at 11am.

They  also claimed that when they returned, they were told that their relative had tried to hang herself and had been taken to Muhimbili Hospital, so they should follow her there.

The family’s spokesperson claimed that when they arrived in Muhimbili, they were informed that their relative’s body had been brought to the hospital by the police at 11:27 pm, the previous day.

Stella's death sparked tensions between the Police Force and the relatives of the deceased who opposed the police statement and demanded an independent investigation into the cause of their kin’s death, but police allegedly ignored their demands.

As a result, Stella's body  remained at the Muhimbili mortuary for more than a week before being taken away for burial by relatives.

Independent investigations?

After demanding for an independent inquiry into the death of the deceased for more than a year, Stella's relatives have now filed a lawsuit against officials of the Tanzania Police Force and the leadership of Muhimbili National Hospital asking the court to order an independent investigation into the matter.

They are accusing the Police Force and Muhimbili National Hospital of failing to fulfill their responsibilities.

In the case, Emmanuel Kagongo is asking the court to allow an independent inquiry into the circumstances that led to the death of his relative.

The repondents in the case are the Inspector General of Police (IGP), the Dar es Salaam Special Zone Police Commander and the Kinondoni Regional Police Commander.

Others are Mburahati District Police Chief, Muhimbili National Hospital Director General and the Attorney General.

In the application filed under certificate of urgency, Kagongo claims that if the court does not investigate the death in time, the life of his sister-in-law will have been lost by cruelity.

Kagongo’s claims

Kagongo claims his sister-in-law was arrested and detained at Mburahati Police Station, Kinondoni Municipality, Dar es Salaam on December 20, 2020.

He alleges that while at the station following the incident on December 21, 2020, he was informed by a police officer that his sister-in-law had hanged herself on the night of December 20, 2020 while in police custody.

He alleges that on December 28, 2020 the Department of Births and Deaths at Muhimbili National Hospital granted Stella's funeral permit to Eliud Ernest Kagongo, number 1097179 to approve the funeral of their relative.

However, he was not satisfied with the permit because it did not specify the cause of death, instead it only stated that a laboratory examination was pending.

"To date no medical report has been released on the cause of death of Stella Moses from Muhimbili National Hospital to the family of the deceased."

"Until now the cause of death of the late Stella Moses is still a mystery for unknown reasons and no investigation into the alleged death has been carried out," said Kagango in his affidavit.

The case being heard by Resident Magistrate Aron Lyamuya was called on May 11, 2022 to determine whether the respondents had filed a response against the application.

Until that day, only the RPC Kinondoni and MNH Director General had submitted their responses while others were yet to reach out.

Advocate Madeleka asked the court to accept that the remaining applicants had lost their right to question, unless they had the right to question legal matters only.

State Counsel Esther Charles admitted that they had failed to submit an affidavit for the four applications and asked the court to give them another date so that they could submit the affidavits.

The judge adjourned the case to May 31, 2022 for a decision, but on that date the court adjourned the case to June 13, 2022 for a decision.