A Kenyan man who was sentenced to death after he confessed to helping kidnap a British tourist is challenging Scotland Yard over their use of his personal information . Judith Tebbutt was taken from her luxury Kenyan lodge in 2011 and held hostage for six months by armed pirates who also killed her husband . Ali Babitu Kololo was found guilty of robbery with violence in August 2013 . He is the only person to be convicted so far . But due to data laws judges could soon compel Scotland Yard to disclose key documents that could lead to his conviction being overturned . Ali Babitu Kololo ( left ) was sentenced to death after he confessed to helping kidnap British tourist Judith Tebbutt ( right ) . He is now challenging Scotland Yard over their use of his information . The decision will be made amid allegations British authorities 'acted unlawfully ' . Under the Overseas Justice and Security Act the UK , which helped the public prosecution in the case , is required to seek assurance that the death penalty will not be sought . The 35-year-old also claims he was tortured by local police and forced to confess , which similarly goes against UK laws . The father-of-two now wants to know what information Scotland Yard held on him , which Kenyan authorities it shared the information with and what it plans on doing with it in the future . Scotland Yard has so far refused to allow Kololo to see any of the information , which he believes will help him in his appeal . Human rights charity Reprieve , which is supporting Kololo , said : 'The Metropolitan Police helped secure the conviction of a man who was tortured in a mandatory death penalty case , in clear violation of UK policy . Kololo ( centre ) was found guilty of robbery with violence in 2013 - but the 35-year-old claims he was tortured by local police and forced to confess . The father-of-two , pictured in a Kenyan court , is hoping the personal information they hold on him will help with his appeal . Human rights charity Reprieve said he did not have a fair trial . 'Mr Kololo has a right to know what information the Met has on him and how they plan to use it . 'He has already suffered grave injustices thanks in large part to the actions of the Met . 'Scotland Yard must comply with British law and come clean about the information they hold on Mr Kololo . ' Kololo was arrested hours after the attack on Ms Tebbutt and her husband in September 2011 . Kenyan police believed that he deliberately led five Somali gunmen to the property although he said he was ordered at gunpoint to show the way to the hotel . Ms Tebbutt ( second from left ) was dramatically released after a ransom payment , reportedly around £600,000 , ended her six-month ordeal . But Ms Tebbutt told the court that her captors had told her the sixth gang member had been arrested . The 60-year-old tourist , from Bishop 's Stortford , was dramatically released after a ransom payment , reportedly around £600,000 , ended her six-month ordeal . She said at the time of her release : ' I am of course hugely relieved to at last be free , and overjoyed to be reunited with my son Ollie . 'This however is a time when my joy at being safe again is overwhelmed by my immense grief , shared by Ollie and the wider family , following David 's passing in September last year . ' Kenyan police believed that Kololo deliberately led five Somali gunmen to the property ( above ) - but he said he was ordered at gunpoint to show the way to the hotel . Reprieve argued that Kololo , who had no lawyer or interpreter , did not receive a fair trial . They also said he was also forced to cross-examine witnesses on his own . London law firm Leigh Day is representing Kololo . It said : 'The Metropolitan Police has refused to provide our client with access to the data it holds about him , which may well contain material that shows his conviction is not safe and that his death sentence should be overturned . ' Metropolitan Police said they do not comment on ongoing cases . The High Court is expected to rule in the case tomorrow .
Judith Tebbutt was kidnapped and her husband David murdered in 2011 . Ali Babitu Kololo was found guilty of robbery with violence in Kenya . 35-year-old claims he was tortured by police and forced to confess . The UK is required to seek assurance that death penalty will not be sought when helping with overseas prosecutions . Father-of-five wants information held by Scotland Yard to help with appeal . If released the key documents could help overturn Kololo 's conviction .