Kenyan Man Sentenced to Death Freed on Bail Pending Appeal Judgment

London: In 2013, Ali Babitu Kololo was sentenced to death in Kenya for his alleged involvement in the murder of David Tebbutt and the robbery and kidnap of his wife, Judith Tebbutt. The tragic, widely reported murder and robbery took place on the Kenyan coast close to Somalia. Mrs Tebbutt was held hostage in Somalia and only freed after six months in captivity. A unit from SO15 of the Metropolitan Police was deployed to assist the Kenyan authorities with their investigation and an officer gave important evidence at Mr Kololo’s trial.

Reprieve took up Mr Kololo’s case and provided assistance to his Kenyan lawyers on appeal. From 2014, they were assisted by Tim Moloney KC. Subsequent Data Protection Act proceedings in London in 2015 secured important information from the Metropolitan Police which greatly assisted Mr Kololo’s appeal. That material had not been disclosed in Mr. Kololo’s trial. The High Court in Kenya admitted the material as fresh evidence in the appeal and, in 2017, the Kenyan Court of Appeal refused an appeal by the Kenyan DPP against its decision to do so.

In 2017, Reprieve formulated a complaint to the IOPC about a Met officer’s conduct in the investigation and prosecution. Fiona Murphy of DSC and Kate Maynard of Hickman and Rose Solicitors joined Reprieve and Tim to provide their expert assistance in relation to that complaint. Following the complaint, a lengthy investigation managed by the IOPC and conducted by the National Crime Agency began in 2018. In June 2022, the IOPC concluded that if the officer was still serving, he would have had a case to answer for gross misconduct. The officer retired with the rank of Detective Chief Superintendent in 2017.

On 20 February 2023, Mr Kololo’s substantive appeal against his conviction in Kenya was finally heard. The Kenyan DPP conceded the appeal and the High Court will deliver its judgment on 27 April. On 24 February 2023, Mr Kololo was admitted to bail pending that judgment.

Read more: Doughty Street Chambers, https://rb.gy/2n4hdf