Nahashon Mutua, a former police chief has been found guilty of killing an inmate, Martin Koome, six years ago, by the High Court.
“The Prosecution has proved beyond reasonable doubt that the police caused the deceased suffering while in cells which caused his death,” Judge Stella Mutuku delivered the landmark ruling that can be viewed as a win against police brutality.
Martin Koome was arrested on the night of 19th October 2013, at Baba Dogo Estate after his neighbors reported him for domestic abuse.
Koome was reported to have tried to strangle his child after a domestic fight with his wife who escaped.
The neighbors alerted Ruaraka Police station officers who booked Koome at the station for attempting to kill.
When Koome’s wife visited the station the following day, she was informed that he had fallen ill and was rushed to Kenyatta National Hospital (KNH).
On reaching KNH, the woman found her husband unattended on a bench and badly wounded. Mrs. Koome narrated that the husband was unresponsive with his clothes drenching in blood, a swollen head and blood was oozing from his ears.
Mrs. Koome reports that her husband seemed to have been in a lot of pain as he groaned.
Mr.Koome died hours later while receiving treatment at the KNH facility.
In the previous court proceedings, it was revealed that the Chief Inspector Nahashon Mutua killed Koome by clobbering him with a metal bar in the cell and immersing his head in the water.
KNH doctors confirmed that Koome had deep wounds on the head, brain hemorrhage, cuts on the lower lip, eight fractured ribs and extreme bleeding from the neck leading to his death.
It was detailed during the court proceedings that suspects arrested on the material day revealed and confirmed Mr.Koome was beaten for over 30 minutes and his head immersed in water by the Police chief.
The suspects revealed that not even efforts by Koome to come out of the water stopped the OCS from brutalizing him.
The Chief Inspector Nahashon Mutua had previously stated that there was a fight between Koome and an inmate which led to the injuries, in what was seen as a cover-up story as the judge ruled that all the witnesses stated contrary.
“Why wasn’t the fight heard by police officers who were on duty or recorded in the Occurrence Book? It goes to show that he was in a cover-up mission,” Judge Stella Mutuku questioned.
The police chief Inspector further implicated Kelvin Odhiambo, an inmate, in the murder, and wrongfully charged him.
Kelvin Odhiambo, however, sought help from the Independent Policing Oversight Authority where he confessed and narrated the occurrence that led to Koome’s death. The charges set against Odhiambo were since withdrawn and he became a witness against Chief Inspector Nahashon Mutua.
The judge revealed that Mutua’s plan to cover up the truth and escape justice had gone as far as faking medical report, footing medical fees for one of the suspects to testify against Odhiambo and illegally setting free suspects held at the Baba Dogo station.