The prosecution in a high- profile murder trial of a senior police officer accused of killing a suspect in a cell, on Thursday said there is overwhelming evidence to sustain a charge of murder.
Former Ruaraka OCS Nahashon Mutua is on trial for the brutal killing of Martin Koome.
Koome was tortured on the night of December 19, 2013, while at Ruaraka Police station.
He died hours later at Kenyatta National Hospital while being treated.
Justice Stella Mutuku set November 29, as the judgement day after hearing final submissions from the defence and prosecution.
The prosecution and International Justice Mission lawyers representing Koome’s family said evidence adduced in court has proved all the required ingredients beyond reasonable doubts, to warrant court to convict Mutua.
Among the crucial evidence the prosecution wants the court to consider is the testimony by Koome’s cellmates who told the court that they saw the police officer beating and immersing the deceased in a drum full of water.
The prosecution also told the court to consider evidence of a protected witness who said he saw the officer assault Koome with a metal rod hours before he was pronounced dead.
Mutua was charged following an independent probe by IPOA, who acted following a complaint by the family and IJM.
To cover up his acts, the prosecution said Mutua hatched an elaborate scheme that included faking a report that insinuated Koome was assaulted by other cellmates.
In the report Mutua implicated Kelvin Odhiambo a cellmate who was charged with murder.
However, the case against Kelvin was terminated by the Director of Public Prosecution after IPOA concluded that the senior officer had framed up charges to cover-up the murder.
Making his final arguments, Prosecution asked Justice Stella Mutuku to find the officer’s action were an attempt to cover up his crimes.
“The defence has not dislodged the prosecution’s case. We, therefore, ask the court to find that the accused had malice aforethought and convict him according,” said Mr. Alloys Kemu for the prosecution.
The prosecution said enough evidence has been adduced that shows the officer had malice aforethought.
Not only did he charge an innocent person with murder, but he went further and ordered the release of some suspects who were in the same cell with Koome.
Those suspects, the court heard, faced serious offences including robbery with violence accusations but were freed after they agreed to record false statements implicating Kelvin.
“Witnesses had already proved that there was motive by the accused and his action of charging an innocent person was meant to coverup his crime,” the victim lawyer said.
The victim lawyer said there was no convincing evidence to show that there was a fight in the cell that led to the death of Koome as claimed by the accused.
18 witnesses among them those who were in the same cell with Koome testified against the officer.
During the trial, a witness testified that the officer had tried to bribe him with Sh 1,000,000 to stop him from following up on a case of assault.
The court heard that the OCS together with his colleagues tried to persuade the witness to implicate another person for the murder.
Another protected witness testified that he saw the OCS holding a metal pipe, five minutes later he saw him beating the prisoner.
The witness said there was a bulb lighting the place outside the cell, so he could see through an opening.
“The man was put in the cell, his clothes were wet and he was bleeding. He was in a bad shape,” the witness said.
Another witness told the court that the OCS accompanied by other police officers forced their way into his house. He beat him with a stick on the head and demanded that he tells the whereabouts of another witness.
Mutua was placed on his defence by the judge in December 2017. The judge, then held that he had a case to answer.
In his defence, he told the judge that there is no evidence that directly links him with the killing.
“It is such suspicion and outright lies of the witness,” he told court on Thursday.
The officer said some witnesses recanted their earlier evidence and no proper explanation was given by the prosecution.
He said the fact that the deceased clothes were wet is explained by water and urine in the cells which was poured on him by the cellmates after a fight broke out.
Mutua said Koome was also made to drink urine by his cellmate according to statements which raises doubts if he was ever dipped into the water as claimed by other witnesses.