Officer narrates how former OCS beat a suspect to death, injured another

Former Ruaraka OCS Nahason Mutua who was sentenced to death faces more trouble after a junior officer narrated to the court how he allegedly unleashed terror on suspects in custody leaving one dead and another with a fractured hand. 

A former officer in charge of crime investigations at Ruaraka Police Station Evans Chae told Milimani magistrate Gilbert Shikwe that on the night of December 19, 2013, Mutua allegedly beat Victor Kioko, a nurse at Kenyatta National Hospital (KNH) who had been detained over failure to clear a Sh3,100 bill for drinks at a club.

After clobbering Kioko, the former OCS informed Chae that he had also beaten another suspect, Martin Koome who later died at a Kenyatta National Hospital (KNH) where he had been rushed for treatment. 

Koome had been locked up at Ruaraka Police Station over a domestic brawl at his home in Baba Dogo. Mutua beat him with a metal rod before immersing his head in water. Koome was admitted to KNH but succumbed to injuries a day later. 

The officer was testifying against the former OCS who is facing charges of allegedly assaulting Kioko in the police cells.

Chae gave a blow-by-blow account of how his former boss allegedly assaulted two suspects and tried to cover up his acts. 

He told court that when he reported to work on the morning of December 20, 2019, he was informed by duty officer only identified as Marwa that two suspects in the cells were injured and had not been arraigned in court as required.

"I proceeded to the cells and upon opening the cell, I saw one Kioko whom l had known and he told me that during the night of December 19, 2013, he had been brought to the police station from Lakes Bar which is within Ruaraka estate by two ladies and bouncers on allegations that he had not paid the bill of drinks amounting to Sh3,100," he said. 

"He (Kioko) informed me that when he arrived at the police station. He found my then OCS Nahashon Mutua assaulting one Martin Koome now deceased and on questioning my OCS why he was dealing hard with Koome he turned against him breaking one of his teeth and injuring his left hand that he could not hold anything as he was experiencing great pain," Chae claimed.   

The court heard that the T-shirt Kioko wore that day had blood stains on the front side. 

"The other suspect Koome could not even stand up or speak as he just murmured words that one could not comprehend while lying on the floor and blood oozing from his mouth," Chae said. 

The witness stated that he immediately made several calls to the former OCS but they went unanswered. 

"Since our station did not have a police vehicle, l requested our neighbours from Kariobagi Police Station to assist with their vehicle to have the two suspects escorted to the hospital but they informed me they could not assist since their motor vehicle was taking suspects to Makadara Law Courts," he said.  

Chae said he contacted the OCPD who released a police vehicle. 

"Being accompanied by another officer we took the two suspects namely Kioko to Neema Hospital in Kasarani and since l knew him I did not leave him with any officers to guard him, l left him to be attended," he said.

Since Koome was in a serious condition, Chae took him to KNH and went back to the police station to wait for Mutua who did not turn up for work.  

"l waited for Mutua to come but that day he did not come to the station. I immediately made a signal to police headquarters at Vigilance House on the injury of suspects at police cells," he said. 

He told court the following day he learnt that the former OCS had received information that Koome had already passed on and that is why he allegedly failed to report to work.  

The following day, the court heard that Mutua asked Chae to accompany him to Neema Hospital to visit Kioko.  

"In the accompany of my OCS and using his motor vehicle we went to the Neema Hospital and took Kioko to his residence within Ruaraka but on his left hand he had a plaster due to a fracture," the officer told the magistrate. 

He said on their way to Kioko's house he confided in him that he sustained the fracture after he was allegedly clobbered by Mutua.  

During the hearing, the court was treated to drama after Chae warned his former boss to stop ordering him not to testify.  

"Your honour Mutua was my former boss and l used to follow all the instructions he gave me, so please stop commanding me here to tell the court what you compelled me to say then. You honour in police force you obey orders issued by your commander. Now we are in court and being my commander let me tell the court the truth since l have no hatred or any grudge against you before or now," said the furious officer. 

Further, he told court that the former OCS had previously covered up his action by alleging that Koome and Kioko were injured in a fight in the cell, claims that saw another suspect, Kevin Odhiambo charged with murder.

Odhiambo was freed after the Independent Policing Oversight Authority intervened.

Mutua was charged and sentenced to death for the murder of Koome.