Prison death earns widow $84k 

Fidelis Munyoro Chief Court Reporter
An  inmate who died while in remand prison awaiting trial for trespassing has had his widow awarded $84 000 in a civil rights lawsuit against prison authorities.

The inmate’s widow, Precious Kanengoni, sued the Ministry of Justice, Legal and Parliamentary Affairs; Commissioner-General of Prisons and Correctional Services; and Officer-in-Charge of Rusape Prisons for $300 000 for loss of support.

A fully contested trial established that prison officials violated 23-year-old Andrew Kamba’s rights when he died in his cell at Rusape Remand Prison on January 28, 2014 following an asthma attack.

Justice Priscilla Munangati-Manongwa ruled that the prison officials were negligent and, therefore, liable for damages.

Although Ms Kanengoni claimed $300 000, Justice Munangati-Manongwa reduced the damages to $83 916 plus interest at the rate of five percent per annum.

Justice Munangati-Manongwa rapped Rusape Prisons’ senior nurse Mr Misheck Zongoro, who attended to Mr Kamba, but paid little regard to his plight.

She said when an inmate fell sick, it was incumbent upon prison authorities to ensure his rights to medical care, dignity and life were protected.

Prison officials, she said, had a legal duty to care for prisoners in their custody, citing the relevant constitutional provisions.

“Where it is foreseeable that the illness can result in death and no measures are taken to prevent the occurrence, the authorities cannot escape liability for inaction,” said Justice Munangati-Manongwa.

“In this case, there was abrogation of the constitutionally imposed duty to protect the deceased’s fundamental rights; such inaction results in delictual liability on the part of the State.”

The court was convinced that the prison officials, particularly Mr Zongoro, were negligent in the manner they handled the case.

“It was clear that Kamba was experiencing breathing difficulties and the nurse appreciated that an asthmatic attack is life-threatening, yet the authorities failed to act to prevent such eventuality,” said Justice Munangati-Manongwa.

“Timeous intervention by way of referral to hospital may have saved his life. To call for help and be denied full medical attention until one dies in the hands of an inmate is gross omission on the part of prison officials and an affront to one’s dignity.”

Justice Munangati-Manongwa further noted in her ruling that medical treatment for inmates was guaranteed in the country’s supreme law and Mr Kamba’s condition certainly called for further management by a professional above a nurse’s level.

“Moreso, when it is not in dispute that the hospital is just next to Rusape Prison, about 500 metres away,” the judge said.

“Apart from failing the institution he represents, the nurse fell short of respecting the nurse pledge which every nurse should uphold.

“Consequently, the defendants are vicariously liable for loss of support by the plaintiff and her child arising from the death of their bread winner as a result of negligence on the part of their officials.”

Mr Kamba had been in prison for three days when he succumbed to the asthmatic attack.

His cell mates raised distress calls throughout the night for him to be rushed to hospital, which is 600 metres away from the prison, but the prison officials would come and talk to the inmate through a spyhole without offering  assistance.

Mr Kamba consequently died in the hands of a cell-mate.