Former Ruaraka OCS Nahashon Mutua has been sentenced to death for killing an inmate six years ago.
The Former Ruaraka OCS Nahashon Mutua was convicted with the murder of Martin Koome, an inmate who died in his cell five years ago.
In her ruling, Justice Stella Mutuku indicated that the evidence before court proved that he tortured and killed Koome while in custody at Ruaraka police station.
“I am persuaded by the evidence … I do not believe the evidence that he was assaulted by fellow inmates. I find the action of the accused to pay the bill doubts his defence alleges,” ruled Justice Mutuku.
“The Prosecution has proved beyond reasonable doubt that the deceased was assaulted in the cell…..The accused misused his authority under the Constitution,”
The Court ruled that the element of malice after thought has been proven further directing that a probation report and impact report be prepared before sentencing.
Nahashon has since denied the charges saying that he was on duty and had received information of the deceased having been injured and even directed that he be taken to hospital.
“The Prosecution has proved beyond reasonable doubt that the police caused the deceased suffering while in cells which caused his death,” Lady Justice Stella Mutuku ruled on Thursday.
According to Prosecution however, the accused forced the deceased in a drum of water and asked to immerse his head in the water for about 30 minutes.
In a case where 18 witnesses testified, the court heard how the deceased was deceased was assaulted by the former OCS while in custody.
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 recommended that Mr. Mutua be arrested and charged with murder. The DPP concurred with IPOA and directed prosecution.
Koome 36yrs, died on December 20, 2013 while undergoing treatment at the Kenyatta National Hospital.