Former city police boss found guilty of torturing suspect to death in cell
Former Ruaraka OCS Nahashon Mutua was on Thursday found guilty of torturing a suspect to death five years ago.
The former OCS was charged with the murder of Martin Koome, who died on December 19, 2013 while in a police cell at Ruaraka police station.
The court heard that following the death, Mr Mutua hatched a scheme to cover-up the murder by implicating Mr Koome’s cellmate with the killing.
In her ruling on Thursday, High court Judge Stella Mutuku said Mr Mutua misused his authority as an OCS and flouted the Constitution.
The judge said evidence before the court proved that he tortured and killed Mr Koome.
BEYOND REASONABLE DOUBT
“It was in the interest of accused to flout the law so as to cover up what he did. Prosecution has proved its case beyond reasonable doubt and I believe that the death was caused by the injuries in which he sustained while at Ruaraka station,” said the Judge.
She dismissed Mr Mutua’s defence that the deceased was assaulted by his cellmates.
The deceased was allegedly hit several times with a rod and his head immersed in water. He was locked up in the cell even after sustaining serious injuries.
After investigations, the Independent Policing Oversight Authority (IPOA) recommended that Mr Mutua be arrested and charged with murder. The DPP concurred with IPOA and directed prosecution.
During trial, the court heard that Mr Mutua ordered the release of some suspects after they agreed to record statements implicating one of the accused person.
Mr Kelvin Odhiambo had initially been charged with the murder. Investigations by IPOA discovered that the charge was a cover-up. Mr Odhiambo’s case was then terminated nine months later.
Mr Koome’s cellmates said they saw the police officer beating and immersing Mr Koome in a drum full of water.
When he was returned to the cell, the court heard, he was wet and was also bleeding. He was taken to Kenyatta National Hospital where he died.