Four Kenyan police officers, who are accused of killing a Briton Alexander Monson in May, 18, 2012 in Diani Kwale County, have been found guilty of manslaughter by a High Court sitting in Mombasa.
The four, Naftali Chege, Charles Munyiri, Ismael Baraka and John Pamba will now serve jail sentence between 9 and 15 years.
Judge Erick Ogola said the four should be held responsible for the death of the 28-year-old Alexander, who is a son of a British aristocrat Lord Nicholas Monson.
“I hereby sentence first accused person Chege to 15 years imprisonment, however five years have been suspended, Munyiri 12, six years of which are suspended, Baraka 9, but five have been suspended and Pamba shall serve 12, but six years have been suspended,” ruled Ogola.
The jail term was based on the degree of involvement of each accused person, said Ogola.
He said Pamba will continue to seek medical attention until his health is improved and will start serving on November 15 next year.
In the case, which has dragged for nine years, Alexander was arrested on the night of May 18, 2012 at a night club in Diani, Kenya’s south Coast.
On that fateful night, Chege arrested Alexander after he was accused of smokig bhang at the night club.
Chege called on a reinforcement saying that Alexander has resisted an arrest.
Munyiri, who retired from the police service in December of 2013, was the head of Tourists Police Unit in Diani by time of Alexander’s arrest.
Baraka and Pamba were manning the cells on the night when Alexander was brought to the police station in handcuffs.
During the court hearings, the defence said that Alexander was found sick at the police cell in the morning hours of May 19. He was suspected to have been unconscious due to alleged drug overdose.
However, Ogola said by the time of his arrest, Alexander had not shown any signs of sickness or being on drug overdose, according to witnesses.
Over 32 witnesses appeared before the court.
The court established that Alexander ought to have been injured between 3am and 5am on the wee hours of May 19, 2012 after he was taken out of his cell.
“He was obvious tortured, but that did not happen inside the police cells because other witnesses would have said it. He was tortured within the compound of the Diani police station and the accused persons know what happened,” said Mr Ogola.
“However, they failed to take the suspect to hospital due to negligence or casual nature of handling the matter. Therefore, I convict the accused persons to felony of manslaughter,” said Ogola.
Even though the prosecution failed to establish who inflicted the injuries to the deceased, there was circumstantial evidence adduced proved manslaughter.
After the court delivered its judgment, Alexander’s parents said they would have wished for a harsher penalty.
Alexander’s father, Lord Nicholas Monson – a 66-year-old aristocrat who jetted into the country on Saturday, said he was happy that justice has finally be delivered.
[The late Alexander Monson’s father Lord Nicholas Monson at the Mombasa high court in Kenya. Photo/Ahmed Omar].
“When Alexander was killed. It was not only who was killed, it was part of Hillary, me and his sister. We all died when Alexander die. A message must be sent to the police. This must stop,” said Monson.
[The late Alexander Monson’s mother Hillary Martin before the Mombasa high court in Kenya. Photo/Ahmed Omar].
His ex-wife Hillary said this case should be used as an example for other police who torture and kill people in Kenya.