Police had hand in the killing of Alexander Monson, the son of British Aristocrat Baron Monson, in Diani in 2012, an inquest has concluded.
Senior Principal Magistrate Richard Odenyo, who chaired the investigations, on Thursday named four police officers as suspects in the death.
Mr Odenyo said the death was neither natural nor caused by use of drugs as police claimed.
He further ruled that police ought to state what caused injuries to the deceased at Diani Police Station, leading to his death.
Mr Odenyo said all witnesses who were with the deceased prior to his booking at Diani Police Station cells said he was in good health.
In his ruling, which was read on his behalf by Mombasa chief magistrate Julius Nangea, Mr Odenyo said there were inconsistencies on the part of some witnesses who testified, including police officers.
Mr Odenyo further noted that pathologists agreed that the cause of death was intra cranial pressure caused by a blunt object.
According to the magistrate, the injury to the deceased was inflicted between 2am and 4am when the he was in custody.
"The police should state what caused the trauma, the deceased had a right to life," said Mr Odenyo, adding that a copy of the ruling will be forwarded to the DPP.
Mr Monson’s family has welcomed decision, saying justice has been done.
Alexander, 28, died on May 19, 2012 while undergoing treatment at a hospital in Diani after he had been arrested and locked up in cells at Diani Police Station.
During the inquest, lawyers A B Olaba and Yusuf Aboubakar, for the Monson family, told the inquest that after Alexander was assaulted.
After his situation deteriorated, the family said, police set in motion plans to cover up the incident.
The family wanted the inquest to find that the deceased’s arrest was flawed, and that he was free from any injury prior to being taken to a police station.
Independent Police Oversight Authority (Ipoa) recommended that a public inquest be held a decision the Director of Public Prosecutions concurred with by calling 39 witnesses during the inquest.
“It is the family case that the arrest of Alexander was fabricated and he was set up for arrest,” said Mr Olaba during submissions.
He further told Mr Odenyo that the intention to arrest Mr Alexander was for financial gain.
The inquest was told that after assault, Mr Monson was taken to the police cells where the impact of the injuries began to show and by the time the officers were checking on him, he was unconscious.
Mr Olaba said the deceased was beaten by police officers who are supposed to protect lives and was only taken to hospital when he became unconscious.
He told the inquest that the delay in taking the deceased to hospital may have caused his situation to worsen.
Mr Aboubakar said the offence of murder had been established and that in the alternative, that of manslaughter.
“Assaulting a person in police custody is an unlawful act, there is evidence of assault in police custody,” submitted Mr Aboubakar.
He said police contradictions in their evidence were an attempt to cover up on what happened.