Four police officers and a Kakamega bar owner suspected of beating a man to death three years ago will be charged with murder.
Kakamega Principal Magistrate Eric Malesi delivered the ruling at the end of an inquest into the death of Raymond Mulanda after he was arrested on December 16, 2019.
The four officers are Michael Chergut, Francis Kaimeti, Musa Juma and Duncan Wafula. The bar owner is Mr Dennis Rosana. The accused have been remanded at the Kakamega Central Police Station.
They denied assaulting Mulanda and told the court that he died after jumping from a moving police vehicle while he was being taken to Kakamega Central Police Station.
During cross examination, Mr Wafula told the court that he was on routine patrol with his colleagues when they were alerted that a man was causing disturbance at a bar. He said the suspect resisted arrest.
“He resisted arrest, forcing us to call for reinforcement from Kakamega Police Station. He later agreed to board the police vehicle but as we headed to the police station, he jumped out of the moving vehicle and fell,” said the police constable.
Constable Wanjala told the court that they rushed Mulanda to hospital.
But the officers were hard pressed to explain how a suspect under tight police security could jump from a speeding police vehicle.
The magistrate said it was unfortunate that police officers who have undergone training could brutally treat a suspect.
Pathologist Dickson Mchana who carried out a post-mortem said Mulanda died of ruptured testicles and internal head injuries.
Dr Mchana said that the head injuries were caused by a blunt force trauma following a fall from a height.
“The multiple internal injuries he suffered on the head and burst testicle were not consistent with motion trauma, the body had multiple injuries,” he added.
A witness Ian Otieno told the court that he saw Mulanda kneeling as he begged the police for mercy outside Balozi Bar.
“The four police officers threatened to teach him (Mulanda) a lesson,” said Mr Otieno.
The victim’s body was booked at Kakamega Referral Hospital mortuary as an unidentified body collected by the road by the police.
Relying on the recommendations from the pathologist, the magistrate ruled that the four officers and the bar owner be charged with murder.