• Alexander Monson died in 2012 while under police custody at the Diani police station.
• Alexander died at Diani police station where he was taken after his arrest in connection with drug abuse.
Image: /FILE
The May 19, 2012 death of Alexander Monson, a Briton, was blamed on four police officers' negligence and casual treatment.
The officers will now have to prove that they were not involved in the death of the son of Lord Nicholas Monson, a British aristocrat.
Alexander died at Diani police station where he was taken after his arrest in connection with drug abuse.
Naftali Chege, Ismael Baraka, Charles Munyiri and John Pamba were accused of murdering him on the night of May 19. A court ruled that they have a case to answer.
Judge Erick Ogola said Alexander spent his last hours with the police and therefore they have to tell the court what happened that day. He said the officers arrested and dealt with Monson, who was in good health.
Ogola said even though the evidence adduced by the prosecution was circumstantial, it was enough to warrant them to stand trial.
The judge said no evidence was presented in court to show Monson was assaulted elsewhere other than within the police station after he was detained.
The charges against the four were a result of inquest proceedings recommended by Ipoa after independent investigations. Forty-five witnesses, including police officers, testified during the inquest.
The judgment that will emanate from the case will set precedent for similar cases of extrajudicial killings suspected to have been committed by the police.
During the hearings, Ipoa's head of investigation Jeremiah Arodi—the last witness to testify—said the police on duty ought to have taken Monson to hospital on noticing that his health was deteriorating.
The investigator said Monson fell sick in the wee hours of the night he died.
"After interrogating witnesses, who included Monson's cellmates, I learnt that the deceased became sick at 3am," Arodi said.
The detainees said Monson was fine at the time he was brought to the cells.
Arodi said Monson's health condition was reported to the OCS who did not respond, according to junior officers. They said they could not take him to hospital without the OCS's permission.
However, the OCS denied being informed of the suspect's condition although he was at the station.
Arodi said the OCS knew about the matter later in the morning. Help for Monson came too late from his family and friends who arrived in an ambulance at 10.45am and rushed him to Palm Beach Hospital.
"The blame goes to police officers under whom Monson was in custody. The police were responsible for the wellbeing of the deceased while under their custody but failed in their mandate and duties," he said.