Convicted ex Ruaraka OCS Nahashon Mutua on Thursday pleaded to the Court to be given a non-custodial sentence.
In Kenya, a non-custodial sentence can be payment of a fine, being ordered to do community work or reporting to the probation officer occasionally.
It is actually a less sentence.
The former senior police officer was convicted last year in December for the brutal killing of an inmate -Martin Koome five years ago.
Judge Stella Mutuku said Mutua misused his authority as an OCS and flouted the Constitution when he beat Koome and went ahead to frame another inmate for his death at the Ruaraka station on December 19, 2013.
“It was in the interest of accused to flout the law so as to cover up what he did,” the judge said when she convicted the OCS.
On Thursday, Mutua was allowed to mitigate ahead of sentencing next week Thursday, February 14.
He insisted that even though he was convicted by the court, he has nothing to do with Koomes death.
Mutua told the judge on Thursday that Koome was killed by other suspects, an argument he had earlier advanced but which was rejected by the court.
Mutua said he wanted the matter investigated afresh so that the real killers can be brought to book.
He said, he was remorseful that Koome’s family have had to suffer following his killings, but asked the court to also consider that before he was charged, he was an officer with 14 years of clean record.
“The accused agrees the family has suffered following the deceased death, but he is also a victim. He says he is equally a victim of Koome’s death because of the effect it has had on him and his career as a senior police officer” his lawyer argued.
He said he has read the probation report and International Justice Mission (IJM) report.
IJM is representing Koomes family.
Mutua said he is aware of the consequences occasioned by Koome’s death.
According to him, the issues raised in court raised serious doubt as to whether he committed the offence he was convicted of.
He said, through his lawyer that he had given the government very good service and he ought not to suffer the crime.