19 June 2018

Kenya: Emotions Run High at Inquest as Ruling Put Off

Emotions ran high after a ruling on an inquest into the death of a son of a British aristocrat failed to be made yesterday.

Ms Hilary Monson, mother of Mr Alexander Monson, the deceased, could not hold back her tears after Mombasa Chief Magistrate Evans Makori said the ruling will be delivered next week.

Mr Makori told the parties that the magistrate presiding over the inquest had informed him that the ruling was ready but was being typed.

VERDICT

"We were hoping for a verdict today, am disappointed; because of typing we cannot have it (verdict) today," said Ms Martin amid sobs.

During the hearing of the inquest through lawyers A B Olaba and Yusuf Aboubakar, the family said after Alexander was assaulted and his situation deteriorated, police set in motion plans to cover up the incident.

Alexander, 28, who was the son of Baron Nicholas John Monson from the United Kingdom, died on May 19, 2012 while undergoing treatment at a hospital in Diani after he had been arrested and locked up in cells at Diani Police Station.

Independent Police Oversight Authority recommended that a public inquest be held, a decision the Director of Public Prosecutions concurred with by calling 39 witnesses during the inquest.

The family wants the inquest to find that the deceased arrest was flawed and the evidence adduced demonstrates he was free from any injury prior to being taken to a police station.

"It is the family case that the arrest of Alexander was fabricated and he was set up for arrest," said Mr Olaba during submissions.

ASSAULT

He further told Senior Principal Magistrate Richard Odenyo who was presiding over the inquest that the intention to arrest Alexander was for financial gain.

The inquest was told that after assault, Alexander was taken to the police cells where the impact of the injuries began to show and by the time the officers were checking on him he was unconscious.

On their part, Ipoa submitted that there was no evidence to support positive conclusion that the death of a son of the British aristocrat was due to assault.

Through lawyer Festus Kinoti, Ipoa said there was no evidence presented that could conclusively state that the deceased died as a result of assault.

Mr Kinoti told the inquest that a look at the evidence adduced, there was no circumstantial evidence to conclude Mr Alexander was assaulted at the time of arrest.

The ruling will now be delivered on Thursday next week.

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