The suit against former Changamwe OCS Yusuf Ibrahim in connection with the beating death of a man in police custody will be heard on Thursday.
Ibrahim has been sued over death of Caleb Espino, a tout who died in 2018 while in the Changamwe police cells. The post mortem indicated he had sustained multiple injuries to his head and chest.
The matter was certified urgent and will be heard before Mombasa resident magistrate Vincent Adet.
Muslims for Human Rights and the dead man's mother, Fanis Owendi, want the court’s permission to institute a private prosecution against Ibrahim.
Muhuri said the DPP had failed to prefer charges against the OCS despite IPOA’s report recommending he be charged with murder of the 40-yeaer-old tout.
The magistrate is also expected to hear that Espino was beaten while in police custody but no one was held responsible despite the postmortem report.
Espino and two other men were arrested at the White Castle bar during a raid on an illegal drinking den. Ibrahim led the raid.
He died that night from a beating by police, witnesses said.
Coast General Teaching and Referral Hospital, where police rushed him, said Espino was dead on arrival.
Witnesses said Espino, while in the cell, demanded to know the grounds for his arrest. Police ignored him, then responded rudely. Espino shook the cell's bars, infuriating an officer on the reporting desk, witnesses said.
The autopsy revealed that Espino died of multiple injuries to the head, neck and chest. He suffered a fracture due to blunt force trauma, bleeding within the brain, and injury to the upper spinal cord.
Pathologists said there was bleeding in both lungs, one of which was torn. He also had a broken rib.
(Edited by V. Graham)
