A Nairobi Court hearing a murder case of a suspect in custody on Thursday, has found a former Ruaraka Officer Commanding Station (OCS) guilty of torturing to death Martin Koome on the night of December 19, 2013.
Nahashon Mutua is set to be sentenced Thursday, December 20, after Justice Stella Mutuku ruled that there is sufficient evidence before court to prove he tortured and killed Koome while in custody, five years ago.
In her ruling, Justice Mutuku said the accused misused his authority under the Constitution and ordered that a probation report be prepared before Mutua’s sentencing.
“The Prosecution has proved beyond reasonable doubt that the deceased was assaulted in the cell,” ruled Justice Mutuku.
Mutua has since denied the charges saying, while on duty he received the information that the deceased had been injured and directed that he be taken to hospital.
Koome had been arrested in Baba Dogo, Nairobi, over a domestic brawl. While in prison, he was assaulted with a metal pipe and his head immersed in a drum of water.
The police officers who took him to Kenyatta National Hospital 20 hours later, said he had been beaten by a mob.
The court was told, he had a swollen face, deep cuts and his wife could barely recognise him.
Initially, another suspect, Kevin Odhiambo had been charged with murder of Koome after police claimed that he died after a fight in the cells.