A police officer on Thursday tried to exonerate the
former OCS, who allegedly tortured and killed a man in cell five years ago .
Starehe deputy DCIO James Koech told the court that he does not believe former Ruaraka OCS Nahashon Mutua killed Martin Koome on December 19, 2013.
Koech said Kevin Odhiambo, a suspect who was acquitted, had rightly been charged with the murder of Koome.
The suspect was freed after the Independent Policing Oversight Authority (IPOA) intervened.
Following the probe by the IPOA, the Director of Public Prosecution entered a nolle prosequi - the dismissal or termination of legal proceedings.
The DPP instead directed that Mutua be charged with the murder.
At least 18 prosecution witnesses testified against the officer who was placed on defence in December last year.
Koech, while testifying before Justice Stella Mutuku as a defence witness, said it was after analysing all the witnesses statement that he concluded the murder was committed by Odhiambo.
"Yes, I am satisfied that Odhiambo was the right suspect," he told justice Mutuku.
The deputy DCIO, however, said he did not know what happened inside the cells because he was based elsewhere at that time.
The prosecution accused him of trying to help his former colleague escape punishment but he said he only met Mutua in court
a few weeks ago.
"I put to you that the only reason you are here is to exonerate your colleague and that your motivation is to help him," the prosecution argued.
In response, the witness said:
"No, I don’t know him. I only reached that conclusion after reading the statements."
Koome had been arrested over a domestic brawl at his home in Baba Dogo.
Witnesses said he was assaulted with a metallic pipe and his head immersed in a drum of water.
He died at Kenyatta National Hospital where he had been taken with
a swollen face and deep cuts. His wife could barely recognise him.
Police, when booking him at the hospital, lied that he had been assaulted by a mob.
In his defence, Mutua admitted ordering Koome to be placed in the cells though he was drunk.
He also admitted that he directed a police officer, identified as Chea, to record statements from persons who had been locked up with Koome.
In the statements, the suspects implicate Odhiambo in the murder.
Parties will make their final submissions on October 4.
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