A witness called to defend a former OCS accused of torturing a man in a police cell leading to his death four years ago gave contradicting accounts of what transpired.
Joseph Kamau Njihia, 66, found himself in a tight spot during cross-examination after he contradicted his account on what happened on the night a suspect died in mysterious circumstances while in police custody.
Former Ruaraka OCS Nahashon Mutua is facing charges of killing Martin Koome on December 19, 2013.
Yesterday, the ex-officer called Njihia, who was in the same cell with Koome to defend him.
In one of his statements, Njihia claimed that the suspect- was assaulted by police officers- among them Mutua.
"I heard a commotion between Koome and police officers outside the cells," he said.
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Kamau later said that he heard wailings outside the cells and two of the suspects in the cell looked out through the window and told him they saw Mutua assaulting Koome.
"Tabuley (one of the suspects) told me that Koome was dipped inside a tank full of water,” he said.
Later, he said he did not see the assault and neither was Koome’s clothes wet as earlier stated.
But upon being further pressed to tell the truth, the witness changed his statements and said Koome was wet and had wounds.
"He was badly beaten when he came to the cell. Tabuley told me that it was the OCS who had assaulted him," he said.
"It went on (assault) for 40 mins. His clothing was wet. He had blue jeans and a T-shirt,” Kamau told Justice Mutuku.
Kamau had earlier told the court that Koome was assaulted in the cells by Kevin Odhiambo.
He claimed Odhiambo wanted to search Koome who refused, leading to a scuffle.
"Koome was not fighting but he was beaten by Kevin. He even hit him against the wall."
Kamau said he was later released without a charge the next day after recording a statement on what happened that night.
Previously, the court heard that the former officer ordered the release of some suspects from custody when they agreed to record statements implicating a cellmate in the death of Martin Koome.
Allegedly, the witnesses recorded statements implicating Odhiambo for the death of Koome.
The hearing was adjourned to July 26, 2018, when the last defence witness is expected to testify.