Kenyan Wrongful Conviction: Suing London Police for Omission

Justice Delayed: Ali Kololo’s Fight After 11 Lost Years

By Darius Spearman (africanelements)

Support African Elements at patreon.com/africanelements and hear recent news in a single playlist. Additionally, you can gain early access to ad-free video content.

Wrongful Conviction Nightmare: Ali Kololo Case

Imagine losing over a decade of your life behind bars for a crime you didn’t commit. This became the harsh reality for Ali Kololo, a Kenyan woodcutter from Lamu. In 2011, his life took a devastating turn when he was accused of assisting in a robbery that tragically ended with the death of British tourist David Tebbutt. Subsequently, Kololo faced the ultimate penalty: a death sentence (Reprieve UK). He endured eleven long years locked away in conditions described as a “torture chamber,” a place far removed from his life as a simple woodcutter.

Kololo maintained his innocence throughout his ordeal. His nightmare finally began to end in 2023 when Kenya’s High Court stepped in. The court annulled his conviction, a significant decision that brought his suffering into the spotlight (Reprieve US). Importantly, the High Court ruled that crucial evidence, evidence that could have proven his innocence, had been deliberately omitted during his original trial. This ruling didn’t just free Kololo; it also raised serious questions about the fairness of his trial and the actions of those involved in his prosecution (Nation Africa).

Met Police Complicity & A Tilted Scale: UK Police Complicity

The story takes a troubling international turn with the involvement of London’s Metropolitan Police (Met Police). Detective Chief Inspector Neil Hibberd, an officer from the Met, played a significant role in the Kenyan investigation and Kololo’s trial. Shockingly, Hibberd is accused of withholding critical evidence that could have helped Kololo’s defense (Reprieve UK). Defense attorneys argue that this omission severely prejudiced the case against Kololo, essentially stacking the deck against him from the start (Nation Africa).

Hibberd didn’t just provide information behind the scenes; he testified for the prosecution in court. This created a massive power imbalance. On one side, you had a high-ranking officer from a powerful foreign police force. Conversely, on the other side stood Ali Kololo, a man facing profound disadvantages. He was illiterate and couldn’t understand the languages used in court – neither Swahili nor English. Furthermore, for most of his trial, he lacked any legal representation (Reprieve US; Nation Africa). This situation paints a picture of a justice system where a marginalized individual faced overwhelming odds, compounded by the actions of an external police force.

The Kenyan High Court’s Authority: Kenya Death Row Exoneration

Understanding how Ali Kololo’s conviction was overturned requires looking at the Kenyan legal system, specifically the High Court. Under Kenya’s Constitution (Article 165), the High Court holds significant power (Kenya Law Reform Commission). It’s a superior court with unlimited original jurisdiction in both civil and criminal cases, meaning it can hear almost any type of case for the first time (Wikipedia – High Court (Kenya); Global Access to Justice Project). Crucially, it also has supervisory jurisdiction over lower courts and tribunals.

This supervisory role allows the High Court to review decisions made by lower courts, like the one that initially convicted Kololo. It can examine records and issue directives to ensure justice is administered fairly (Kenya Law Reform Commission; Wikipedia – Judiciary of Kenya). Furthermore, the High Court has the authority to interpret the Constitution and determine if fundamental rights, outlined in Kenya’s Bill of Rights, have been violated (Wikipedia – High Court (Kenya)). It can issue special orders, like *certiorari*, to quash rulings from lower bodies if they are found to be flawed or unjust – precisely what happened in Kololo’s case when the omitted evidence came to light (GlobaLex).

Seeking Accountability: Met Police Wrongful Conviction Lawsuit

Freed but scarred by his ordeal, Ali Kololo is now taking action. He is suing the London Met Police, holding them accountable for their alleged role in his wrongful conviction (Reprieve UK). The lawsuit argues that the Met Police caused Kololo “severe harm” through their negligence, specifically citing DCI Hibberd’s alleged failure to disclose crucial evidence. Kololo seeks redress because the Met has reportedly failed to acknowledge the harm caused, offer an apology, or provide any compensation for the eleven years stolen from his life (Reprieve UK; Reprieve Instagram).

Kololo’s case, highlighted by the human rights organization Reprieve UK, underscores broader systemic problems. His trial represents a “staggering imbalance” between a prosecution backed by state and international police resources, and a defendant left vulnerable by poverty, illiteracy, and language barriers (Reprieve US; Nation Africa). While the Kenyan High Court upholds constitutional rights, systemic barriers like unaffordable legal fees and geographically inaccessible courts persist, disproportionately affecting marginalized communities (Global Access to Justice Project). Consequently, even after release, Kololo faces immense challenges, including rebuilding his life amidst community stigma and severe financial hardship (Reprieve Instagram). His fight continues, shifting from seeking freedom to demanding accountability and repair.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.