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Nahashon Mutua v. Republic

(2020) JELR 98638 (CA)

Court of Appeal  •  Criminal Appeal 55 of 2019  •  18 Dec 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

[1] Martin Koome Manyara (Martin) who appeared to be drunk was arrested from his house by officers from Ruaraka Police Station. Martin who had no injuries was locked up at the police station. The next morning, Martin was found with serious injuries and had to be rushed to Kenyatta National Hospital, where he succumbed to his injuries. A suspect who was in the cells with Martin was accused of causing the injuries to Martin. He was charged with the offence of murder.

[2] Arising from complaints made to Independent Policing Oversight Authority (IPOA), investigations were carried out and the charge against the suspect was withdrawn, and Chief Inspector Nahashon Mutua (Mutua), who was at the material time the Officer Commanding Station (OCS) at Ruaraka Police Station, was arraigned before the High Court charged with the murder of Martin. The proverbial table had been turned, the hunter had become the hunted. The trial resulted in Mutua being convicted and sentenced to d…

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