A Kenyan man was found guilty of wrongdoing and sentenced to death for attacks on British tourists, which plays the role of the Metropolitan Police in this case.
Ali Kololo spent more than a decade in prison under what lawyers called “shocking conditions” when his conviction was released when it was overthrown in 2023.
Kololo is the only suspect indicted for murdering publishing executive David Tebbutt and his wife Judith in a 2011 attack on a remote Kenya resort. Tebbutt was shot and his wife was taken to Somalia and released after a ransom payment six months later.
Now, in the mid-40s, Kololo was seeking compensation from the Metropolitan Police, the alleged forces providing misleading evidence that played a major role in his false conviction. The first phase of his case was heard in the central London court.
The email reviewed by observers showed that despite awareness that the case could lead to a death sentence, the Home Office authorized the deployment of Metropolitan Police to Kenya. The probation sentence of the legal charity representing Kololo claims that the decision violates government guidelines and that aid bans may help use the death penalty.
Preetha Gopalan, head of probation lawsuit, said an email between the Ministry of Home Affairs and the Ministry of Foreign Affairs revealed the level of “panic” in Kololo’s death penalty due to violent robbery. Kololo, a young father, a honey collector and carpenter on the island on vacation, was accused of bringing a gang to the cottage where the couple sleeps.
Judith Tebbutt, who survived his suffering, publicly expressed his faith in Kololo’s innocence and said he was a Scottish Courtyard stand-in. Kololo’s lawyers believe that former detective chief inspector Neil Hibberd, now retired, has failed to disclose key information that may be suspicious of the prosecution’s claims. This includes an uncertain analysis of the footprints allegedly linking Kololo to the crime scene, and Kololo claims he was barefoot on the day of the attack.
The probation argues that the Metropolitan support the prosecution, and Hibert’s testimony is crucial to ensuring an unlawful conviction. An investigation by the Independent Office of Conduct for Police (IOPC) found that if he remained an active officer, Hibert would be subject to serious allegations of misconduct, but did not take any action after retirement.
Further emails show that in 2012, officials were told that Kenya’s death penalty is still likely to be charged with Kololo, but the Home Office authorized the deployment of Metropolitan officials to assist in the case. Despite the suspension of the execution in Kenya, Gopalan stressed that this is not enough to ensure Kololo’s safety.
Kololo’s trial was also criticized for being unfair, because he had no legal representation and was forced to cross-examine without an interpreter, including Hibberd, including Hibberd, and to him in his language.
In a statement passing probation, Kololo reflected his pain, saying: “Being sentenced to death is torture in itself. It was a pure luck that I was able to get out of prison without any damage.” He added that his time in prison seriously affected his health and prevented him from providing his family with the way he had been before his unlawful conviction.
Gopalan argued that Metropolitan police should be held responsible, apologized and provided fair compensation. She questioned whether the UK government continued to provide similar assistance in other cases, resulting in human rights violations.
Home Minister Diana Johnson responded last week, saying all UK deployments overseas have undergone a rigorous due diligence process to ensure that such assistance is in line with UK human rights obligations.
Metropolitan police declined to comment on ongoing legal proceedings.
