Four cops linked to murder of Alex Monson found guilty of manslaughter

Four police officers accused of murdering British Alexander Monson have been found guilty of manslaughter.

Accused persons Naftali Chege, John Pamba and Charles Munyiri and Ismael Baraka were found to have been involved in the death of Monson who died while in police custody on May 19, 2012.

Judge Erick Ogola ruled that the prosecution failed to prove their murder case.

But that the circumstantial evidence adduced proved it to be manslaughter.

Judge Ogola sentenced Chege to 15 years in prison and suspended five years.

Munyiri got 12 years of which six years are suspended.  Baraka got nine years of which five years are suspended while Pamba was handed 12 years where six are suspended. 

In the four-hour judgment, Judge Ogola said it was evident that Monson was tortured by police officers while in their custody where he acquired injuries including one on the head.

The court said it had been proven through witnesses that the deceased got the injuries within the police cells as he had been arrested while in perfect health.

"Monson was under custody yet they did nothing to avert his death. You let the deceased down in the hour of need," Ogola said.

He said all the accused people, despite knowing his health condition was deteriorating, took him to the police cells instead of rushing him to the hospital.

The judge said despite the charges Monson was arrested for, he had a right to life which he was unfortunately denied by officers who had undergone police training on human rights and on how to handle suspects at the police station.

Ogola pinpointed the second accused person chief inspector Munyiri who had served in the police for 37 years at the time of the incident.

"The second accused was the most senior of all the officers who handled Monson, but he let him die at the prime of his life," Ogola said.

MITIGATION

In their mitigation, Chege said he has regretted the incidents leading to the death of the young Briton and called for a non-custodial sentence.

Munyiri who has served for 37 years said this was his first-time offence who upheld his work's ethic for all the years he served in the service.

On his part, Baraka said he was remorseful that his action led to a parent losing their child.

He said he had lived with regrets and had sought God's forgiveness numerous times and turned to God for mercy.

He said as a father of three and the youngest of the accused person, he deserved the court's mercy.

He urged the court to use its powers and show mercy for someone who did not have experience at the time of the incident.

But Monson's parents British aristocrat Lord Nicholas and Hillary Martin called for no mercy on the accused persons.

They both told the court that this case should be used as an example for other police who torture and kill people in Kenya.

The emotional Hillary said the accused were lucky they were alive, his only son was never lucky to leave the police station alive.

But on his part, Assistant DPP Alexander Muteti urged the court to give the accused a deterrence sentence.

"They say they are family men, Monson never had the privilege to have a one and continue his lineage," Muteti said.

Edited by D Tarus