A Kenyan man who was wrongfully convicted and sentenced to death over an attack on British tourists is suing the Metropolitan Police for its role in the case.
Ali Kololo, who spent over a decade in prison under what his lawyers describe as "appalling conditions," was released when his conviction was overturned in 2023.
Kololo was the only suspect prosecuted for the murder of publishing executive David Tebbutt and the kidnapping of his wife, Judith, in a 2011 attack on a remote Kenyan island resort. Tebbutt was shot dead, and his wife was taken to Somalia, where she was released after a ransom payment six months later.
Now in his mid-40s, Kololo is seeking compensation from the Metropolitan Police, accusing the force of providing misleading evidence that played a significant role in his wrongful conviction. The first stage of his case is being heard at the Central London County Court.
Emails reviewed by the Observer show that the Home Office authorized the deployment of Met police officers to Kenya despite the awareness that the case could result in a death sentence. The legal charity Reprieve, which is representing Kololo, claims this decision violated government guidelines that prohibit assistance that might contribute to the use of the death penalty.
Preetha Gopalan, Reprieve’s head of UK litigation, said that emails between the Home Office and Foreign Office revealed a "level of panic" regarding Kololo’s death sentence for robbery with violence. Kololo, a young father and a honey-gatherer and woodcutter on the island where the Tebbutts were holidaying, was accused of directing a gang to the hut where the couple slept.
Judith Tebbutt, who survived the ordeal, has publicly expressed belief in Kololo’s innocence and said he was scapegoated by Scotland Yard. Kololo’s lawyers argue that former detective chief inspector Neil Hibberd, now retired, failed to disclose crucial information that could have cast doubt on the prosecution's claims. This included the inconclusive analysis of a footprint allegedly linking Kololo to the crime scene, and Kololo’s claim that he was barefoot on the day of the attack.
Reprieve contends that the Met’s support for the prosecution and Hibberd’s testimony was pivotal in securing the wrongful conviction. The investigation by the Independent Office for Police Conduct (IOPC) found that Hibberd would have been subject to gross misconduct charges had he still been an active officer, but no action could be taken following his retirement.
Further emails revealed that in 2012, officials were informed that the death penalty remained a possibility in Kenya for the crimes Kololo was accused of, yet the Home Office authorized the deployment of Met officers to assist with the case. Despite a moratorium on executions in Kenya, Gopalan stressed that this was not enough to ensure Kololo’s safety.
Kololo's trial was also criticized for being unfair, as he had no legal representation and was forced to cross-examine 20 witnesses, including Hibberd, without an interpreter and in a language foreign to him.
In a statement through Reprieve, Kololo reflected on his suffering, saying, “Being sentenced to death was torture in itself. It’s by sheer luck that I was able to come out of prison with my mind intact.” He added that his time in prison had severely affected his health, leaving him unable to provide for his family in the same way he did before his wrongful conviction.
Gopalan argued that the Metropolitan Police should take responsibility, apologize, and offer fair compensation. She questioned whether the UK government continues to provide similar assistance in other cases, thereby contributing to human rights violations.
Home Office minister Diana Johnson responded last week, saying that all deployments of UK police officers overseas undergo a rigorous process of due diligence, ensuring that such assistance meets the UK’s human rights obligations.
The Metropolitan Police declined to comment on the ongoing legal proceedings.
