The Court in Hola has found that police officers at Boka Police post were negligent in the death of Mutemi Kaumbutho who was found dead inside the police cells in May, 2022.
The ruling stems from an inquest that found that the deceased had been apprehended by members of the public for displaying violent behavior linked to a reported mental breakdown. The said members of the public then handed him over to police so that his family could arrange for medical care.
During the inquest, witnesses said that Kaumbutho had been seen earlier with injuries and was exhibiting erratic behavior.
Records from the police station showed that he was indeed booked into custody for his own safety, but hours later he was found hanging from the cell door grill.
A post mortem on his body showed that that the cause of death was strangulation caused by a sisal rope.
Delivering the inquest ruling, Senior Principal Magistrate H.N. K. Too determined that although the death was consistent with suicide, officers failed in their duty of care by not properly monitoring a detainee they knew to be mentally unstable.
The court said officers could not explain how the incident occurred despite being on duty nearby.
The inquest was formally closed with a recommendation that the Office of the Director of Public Prosecutions investigate possible omission or negligence by the officers involved.