Kenyan Man Who Spent Decade on Death Row Sues Metropolitan Police Over Wrongful Conviction and Death Sentence
A Kenyan man who was wrongly convicted and sentenced to death over an attack on British tourists is suing the Metropolitan Police for its role in the case. Ali Kololo was imprisoned for over a decade in what his lawyers described as “appalling conditions” before his conviction was quashed in 2023.
Kololo was the only suspect prosecuted for the 2011 murder of publishing executive David Tebbutt and the kidnapping of his wife, Judith, at a remote Kenyan island resort. Tebbutt was shot dead, while his wife was taken into Somalia and released after a ransom payment six months later. Kololo, now in his mid-40s, is seeking compensation from the Met, accusing the force of providing misleading evidence that played a key role in his wrongful conviction. The case will be heard at the Central London County Court.
Documents reveal that the Home Office authorized the deployment of Met police officers to Kenya despite knowing the case could result in the death penalty. A legal charity representing Kololo stated that this decision violated government rules against providing assistance that could contribute to capital punishment.
Emails between the Home Office and Foreign Office reportedly showed concerns about Kololo’s death sentence for robbery with violence. Kololo, a young father who worked as a honey-gatherer and woodcutter, was accused of directing the gang behind the attack to the hut where the couple was sleeping. Judith Tebbutt later stated she believed Kololo was innocent and had been scapegoated by Scotland Yard.
Kololo’s lawyers accused former detective chief inspector Neil Hibberd, who has since retired, of omitting key information that cast doubt on the prosecution’s claims. A Kenyan court was reportedly not informed that the Met Police’s analysis of a footprint linking Kololo to the crime scene was inconclusive. Kololo did not fit the shoes presented as a match for the footprint and maintained he was barefoot on the day in question.
The legal charity claimed the Met’s support for the prosecution and Hibberd’s testimony were instrumental in securing the wrongful conviction. An investigation by the Independent Office for Police Conduct (IOPC) determined that Hibberd would have had a case to answer for gross misconduct if he were still serving, but no action could be taken due to his retirement.
Home Office documents revealed officials were warned in 2012 that the death penalty was mandatory for the offence in question but proceeded to authorize the Met’s involvement. Despite a moratorium on executions in Kenya at the time, officials deemed the risk “low” and did not seek explicit assurances from Kenyan authorities regarding capital punishment.
Kololo’s trial was also deemed structurally unfair. He had no legal representation and was forced to cross-examine 20 witnesses, including Hibberd, without an interpreter for proceedings conducted in a language he did not fully understand.
Kololo stated that being sentenced to death was a form of torture and that his time in prison severely impacted his health and ability to provide for his family. He expressed hope that his case would succeed so he could rebuild his life.
Legal representatives called on the Metropolitan Police to acknowledge its role, apologize, and provide appropriate compensation. They questioned whether the UK government continues to provide similar assistance to foreign agencies, potentially implicating itself in human rights violations.
Home Office Minister Diana Johnson recently stated that police deployments overseas undergo rigorous scrutiny to ensure compliance with the UK’s human rights obligations. The Metropolitan Police declined to comment on the ongoing legal proceedings.
Comentarios