Four police officers accused to have killed a British aristocrat Alexander John Monson five years ago at Diani Police Station in Kwale County will face trial for murder.
Alexander, who was heir to the Monson baronetcy, died chained to a hospital bed hours after being arrested by the police from a club in Diani on May 19, 2012.
A police investigation concluded that he died of natural causes, and suggested that he could have accidentally fallen or killed himself after a drug overdose.
His family accused the Kenyan police of a cover-up. After relentless diplomatic pressure and petitions by rights groups, including the Independent Policing Oversight Authority and Alexander's father Lord Nicholas, the Kenyan authorities formed a judicial inquest to establish the circumstances of the death.
A magistrate on Thursday found that the four policemen most likely killed Alexander and invented theories to cover up the murder.
Odenyo ruled that Sergeant Naftali Chege, retired Chief Inspector Charles Wangombe Munyiri, police constables John Pamba and Baraka Bulima should be charged with the murder of the Briton.
In a ruling, Odenyo ordered the Director of Public Prosecutions to investigate other police officers who should be charged with other offenses such as negligence. The magistrate noted that although there was claim that Alexander was a drug user, nobody had a right to take away his life.
Alexander, the son of Lord Nicholas Monson, died at Palm Beach Hospital while chained to his hospital bed after being rushed there from Diani Police Station on claims of having smoked marijuana. The police called 39 witnesses, among them his mother Hillary Lewis Martin, who saw him die at the hospital.
The magistrate said there was evidence that Alexander was seen in the office of Chief Inspector Munyiri in the company of Chege.
The magistrate said there was evidence that when Alexander was taken to the police station after his arrest on claims he was smoking marijuana, he was a healthy man.