By Sarah McDermott
BBC News
A Kenyan convicted successful a proceedings linked to the execution of a British antheral has been freed from prison, aft a decade-long run to overturn his conviction.
Jude Tebbutt, the woman of the murdered man, says Ali Kololo is innocent.
His condemnation is expected to beryllium formally overturned successful April.
David Tebbutt and his woman Jude had been staying astatine a secluded edifice connected the Kenyan seashore successful 2011, erstwhile they came nether attack. David was killed and Jude was held hostage successful adjacent Somalia for six months. She was lone released aft her big son, Olly, negotiated a ransom deal.
Father of two, Ali Kololo, was convicted of robbery with unit and sentenced to decease astatine a proceedings successful 2013. His decease condemnation was aboriginal commuted to beingness imprisonment.
Ali Kololo joined the entreaty proceeding astatine the Kenyan High Court successful Malindi connected Monday by video nexus from Mombasa's Shimo La Tewa maximum information prison, wherever helium has been incarcerated for much than a decade.
"Ali has suffered successful situation for 11 years, the unfortunate of a unspeakable injustice, portion David Tebbutt's killers stay free," his lawyer, Alfred Olaba says.
"The lawsuit against him was anemic and riddled with inconsistencies from the start."
In June 2022, the BBC revealed that the Independent Office for Police Conduct (IOPC), which had been investigating Det Ch Insp Neil Hibberd's relation successful the lawsuit since June 2018, had concluded that "had the serviceman inactive been serving helium would person had a lawsuit to reply for gross misconduct".
If proven, gross misconduct could pb to dismissal of a serving serviceman - but Mr Hibberd retired successful 2017.
Neil Hibberd was a cardinal prosecution witnesser and his grounds was cited by the magistrate arsenic 1 of the deciding factors successful Ali Kololo's conviction.
Mr Hibberd "absolutely disagrees with the [IOPC] findings", his lawyer told the BBC successful 2022.
Before the entreaty tribunal proceeding the Director of Public Prosecutions (DPP) successful Kenya confirmed his presumption that Ali Kololo should ne'er person been convicted and sentenced to death, arsenic the proceedings judge's findings were "not based connected the grounds connected record" and were "based connected hearsay testimony".
The DPP said that grounds fixed by Det Ch Insp Neil Hibberd connected the apprehension and important shoe-print grounds that linked Ali Kololo to the country of the transgression was "purely hearsay evidence".
Director of justness foundation Reprieve, Maya Foa, says determination is an overwhelming feeling of alleviation that Ali Kololo has yet been released.
"Ali has waited years for this moment. Everyone astatine Reprieve who has worked connected his lawsuit is overjoyed to spot him released from situation and reunited with his household astatine agelong last.
"But we should not suffer show of everything that has been taken from him arsenic the effect of a profoundly unfair trial. It is simply a calamity that helium has spent 11 years successful situation for a transgression helium did not commit."