Police officers in Alexander Monson killing jailed for 48 years

Three police officers and their retired colleague have been sentenced to a total of 48 years in prison after they were found guilty of manslaughter.

The officers were accused of killing Alexander Monson, son of British Aristocrat Lord Nicholas Monson. Justice Eric Ogola sentenced Mr Naftali Chege to 15 years, Mr Charles Wang’ombe 12 years, Ismael Baraka nine years and John Pamba 12 years.

All the accused have been granted suspended sentences ranging between five and six years. In his ruling, Justice Ogola said a custodial sentence would send a message that there is need for change in the character of police officers.

Justice Ogola said circumstantial evidence showed that the deceased was tortured and that the four police officers did not take any action to assist him.

In mitigation, the officers said they were remorseful for their actions and asked the court to grant them a non-custodial sentence.

However, the prosecution had urged the court to jail the accused for 25 years, saying a custodial case was necessary.

The prosecution had, through Mr Alexander Muteti, wanted the court to consider the issue of circumstantial and forensic evidence in determining the cause of the death of Mr Alexander Monson.

Mr Muteti in his final submissions said the case was one that the accused remain the only persons in whose mind would be able to shed light as to how the deceased suffered injuries leading to his death and their failure to do so would leave the circumstantial evidence watertight.

Mr Muteti also urged Justice Eric Ogola to address the credibility and believability of the accused defence and to deal with the issue of contradictory evidence touching on the issue where assortment of drugs was recovered.

“That would point to allegedly assessing the genesis of the said evidence of recovery which was at the centre of arrest or preferred theory,” said Mr Muteti in his submissions.

Mr Muteti further urged the court to determine whether the accused discharged their statutory duty of handling the deceased as a suspect.

On their part, defence lawyers opposed the submissions of the prosecution urging the court to find the accused innocent and acquit them.

“The circumstantial and forensic evidence that has been availed confirms the cause of death, your duty was to find who caused the injuries, on behalf of the third accused there was no evidence that suggested he caused them,” Mr Magolo told the court.

He further argued that without evidence of who caused the injuries to the deceased, the guilty person remains unknown.

Mr Magolo said that investigators let the family of the deceased down since there was evidence that a bouncer at a club where the deceased was prior to his arrest called the police.

“There must have been something but investigators did not call the bouncer, at the time of arrest reinforcement was called, it (reinforcement) is called unless there is serious confrontation,” said Mr Magolo adding that investigators failed to find out what happened on the ground.

Another lawyer Wangalwa Oundo, said the theory by the prosecution that injuries on the deceased were inflicted between 3am -6 am cannot be advanced.

Lawyer Daniel Wamotsa also submitted that inquest proceedings that led to the arrest and prosecution of the accused cannot be used to determine they are guilty.

“It was not a trial but an inquiry, I urge you not to look at the evidence,” said Mr Wamotsa.

According to the charge sheet, the accused jointly with others not before the court, murdered Alexander Monson on May 19, 2012 at Diani location, Msambweni constituency, Kwale County.

The prosecution had lined up 32 witnesses who testified against the three police officers and the retired colleague.

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