Police in a spot after probe shows suspect died of head injuries

George Mutinda flanked by his family at Nakuru Level Five Hospital Morgue after witnessing the postmortem on the body of his late son Festus Muthui. [Ken Gachuhi, Standard] .

Tough questions await police officers at Bondeni Police Station in Nakuru after postmortem of a suspect allegedly assaulted in custody revealed that he died of head injuries.

The report indicates that Festus Muthui, 26, suffered multiple injuries. He was allegedly held at the police station for at least four days without being charged in court.

“As a result of my examination, I have formed the opinion that the tentative cause of death was severe head injury attended by global brain contusion and subdural hematoma due to multiple blunt head trauma force,” government pathologist Dr Titus Ngulungu stated.

Muthui, a mechanic, was arrested on December 20, 2024 and held at the police station for allegedly defiling his 12-year-old daughter whom he had with his estranged wife.

George Mutinda, the father to the deceased said his ex-wife claimed she had sent the daughter to Mr Muthui to collect money for her upkeep which had accumulated to Sh30,000.

“After learning of the arrest, I travelled from Kitui to Nakuru and met the ex-wife. She claimed my son defiled his own daughter leading to the arrest,” said Mr Mutinda.

Mutinda said that he arrived in Nakuru on December 23, 2024 and found his son in custody but was not in good health.

“I asked them to allow my son get medical attention but the Station Commander demanded that I must pay Sh20,000 cash bail which my friends helped me raise,” said Mutinda.

Muthui was rushed to Nakuru Level Five Hospital where he was attended to but before they left the hospital, police officers arrived and rearrested him, taking him back to custody despite the bail.

“I learnt that the ex-wife had spoken to the police and convinced them not to release him until the upkeep money was paid. I had given her Sh5,000 but she was now demanding the full amount,” said Mutinda.

Muthui spent another night in custody. On the morning of December 24, 2024, Mutinda claims the police called him claiming he was urgently needed at the police station.

“I found my son lying on the floor of the cells motionless. He had visible injuries on the head. They allowed me to rush him to hospital where he was pronounced dead minutes later,” the father said.

A postmortem was conducted on Muthui’s body in the presence of the family, a human rights defender and officers from the Independent Policing Oversight Authority (IPOA) on the family’s request.

In addition to the severe head injuries which Dr Ngulungu found to be the cause of death, the post-mortem revealed that Muthui also suffered several other injuries on his body.

These included a fractured sternum, injuries on the legs, multiple bruising on the neck and shoulders which the family believes were inflicted on him while in police custody.

“It is disturbing that the police who were supposed to uphold the law did this to my son. I am not sure if justice will be served but I will fight for my son’s justice to the logical conclusion,” said Mr Mutinda.

According to him, his son’s life could have been saved if he had been taken to hospital on time.

He further questioned why his son was held in custody without being taken to court but the police focused on engaging on the demands of the estranged wife themselves.

“He didn’t get those injuries while free. They know who did this but they choose to hide the truth. The person in charge should have noted the condition of my son and taken him to hospital even before my arrival,” he said.