As the police are trying their level best to create a good rapport with the public to work together in handling and minimizing crime in the society, a war is erupting between the two recently due to unfair treatment of the public by the police and worse the extra-judicial killing reports.
In latest delivery of justice to a police victim,former Ruaraka OCS Nahashon Mutua has been 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.
High court Judge Stella Mutuku said Mutua misused his authority as an OCS and flouted the Constitution.
“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.
Justice Mutuku has directed that a probation report be filed in court on December 20 after which she will set the sentencing date
Mutua had denied killing Koome in a police cell on December 19, 2013.
He told the court that Koome was beaten up by cellmates for noise making minutes after he was booked.
Initially, another suspect, Kevin Odhiambo was charged with murder of Koome inside a cell at Ruaraka Police Station.Police had claimed that Koome died after a fight in the cells on the night of December 19, 2013.
Koome was arrested over a domestic brawl at his home in Baba Dogo but later died after allegedly being tortured.
Evidence showed that he was assaulted using a metal pipe and his head immersed in a drum of water.
He was later admitted to the Kenyatta National Hospital where he succumbed to injuries. According to his wife, he had a swollen face, deep cuts and she could barely recognise him.
In his defence, Mutua admitted ordering Koome to be placed in the cell with other inmates despite him being drunk. Asked why he sent a drunk person into a cell with other suspects, Mutua said Ruaraka had only one cell.
The judge found the officer with a case to answer after analysing evidence adduced by 18 prosecution witnesses.