How frame-up by ex-police boss failed

Nahashon Mutua in a Nairobi court where he was charged with murder. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Mutua was accused of torturing Koome to death inside police cells on the night of December 19, 2013.
  • Evidence showed that he was assaulted using a metal pipe and his head immersed in water.

A former police boss accused of torturing a suspect in the cell leading to his death four years ago has called four witnesses in his defence.

But as the witnesses testified, it emerged that Nahashon Mutua, the former Ruaraka Police Station commander, ordered the release of some suspected criminals held in the cell at the time of the incident after they agreed to record statements implicating a fellow suspect in the death of Martin Koome.

The evidence emerged during the cross-examination of the witnesses who said they recorded statements implicating Kelvin Odhiambo in the death of Koome.

The cellmates claimed that Koome was drunk and fought with Mr Odhiambo inside the cells.

KNH
The former cop was accused of torturing Koome to death inside police cells on the night of December 19, 2013.

Koome had been arrested over a domestic brawl at his home in Baba Dogo, Nairobi.

Koome died as a result of torture and severe beating. Evidence showed that he was assaulted using a metal pipe and his head immersed in water.

When the police took him to Kenyatta National Hospital 20 hours later, he had a swollen face, deep cuts, and his wife could barely recognise him, the court heard.

The police lied that he had been assaulted by a mob when booking him at the hospital.

IPOA INVESTIGATES
Soon after the incident, Mr Mutua was transferred to Machakos County as the Staffing Officer Personnel. 

The court also heard that a plan was hatched to incriminate Mr Odhiambo with the death.

He was later arrested and charged with murder but the case was terminated after the Independent Policing Oversight Authority investigated the matter and found that the culprit was Mr Mutua.

Justice Stella Mutuku placed the former OCS on his defence, saying an eyewitness saw him beating up the suspect.

Mr Mutua called Gilbert Kapule, Ms Doreen Karuthi Kagiri, a bar maid in the area, and Mr Emmanuel Shikuku Sumba, a bouncer.

In his testimony, Mr Mutua admitted ordering Koome to be placed in the cells though he was drunk.

STATEMENT

Asked why he sent a drunk person in a cell with other suspects, Mr Mutua said Ruaraka Police Station had only one cell.

The accused person denied that he violated the Police Service Standing Orders.

He also admitted that he directed a police inspector identified as Chea to record statements from persons who had been locked up together with Koome.

In the statements, the suspects implicated Mr Odhiambo in the murder.

According to Mr Mutua, Mr Koome was brought to the station injured with bruises on his hands and blood stains on his vest.

Two of his teeth had also been knocked out, he said.

He however admitted this was not recorded in the occurrence book.

MURDER
Mr Kapule told the court that he was in remand together with Mr Odhiambo and he allegedly confided in him that he was the one who killed Koome but framed the OCS to escape murder charges.

On cross examination, it emerged that Mr Kapule was arrested for killing his girlfriend in Kariobangi and was arrested in Malaba eight months later.

Mr Mutua was accused of interfering with the investigations by intimidating and coercing witnesses who had recorded statements with Ipoa and he was also the one who gave a misleading report, implicating Mr Odhiambo with the murder of Koome.

The case was later terminated after it emerged that the report was false.

The case was adjourned to March 19 when three police officers are expected to testify.