Police Constable Jackson Kipkoech Konga has been sentenced to 30 years in prison by the Nakuru High Court for the murder of his superior, Sergeant Christopher Kimeli.
The incident occurred on August 8, 2023, at the K9 Unit in Nakuru East Sub-County, following a heated altercation between the two officers.
During his testimony, Konga admitted that a confrontation had taken place that morning after Kimeli questioned his handling of two suspects brought to the K9 Unit during the night. Konga, who had been assigned night sentry duties, said he was at Gate B when officers arrived with the suspects, who were allegedly involved in a theft case.
According to Konga, Sergeant Kimeli arrived at the gate for his routine inspection and instructed that the suspects be taken to the report office. It was there that the altercation began, as Kimeli demanded to know why the suspects had not been escorted to the Nakuru Central Police Station.
“Before I could explain, the Sergeant started calling me stupid and said that I did not know my work,” Konga told the court earlier in June. He claimed that despite not responding initially, Kimeli continued insulting him in front of fellow officers and eventually grabbed his firearm, escalating the situation.
Konga said the struggle over the gun caused the nozzle to point toward Kimeli’s chest. He told the court that the fatal shot was fired when Kimeli himself allegedly pulled the trigger during the scuffle. The incident reportedly took place about 50 metres from the station’s main gate.
In his judgement, however, Justice Julius Nangea stated that witnesses - fellow officers who were present - confirmed that the altercation had angered Konga, who then cocked his firearm and walked out of the report office. The court heard that Kimeli followed him, and it was at this point that Konga turned and shot him.
Justice Nangea noted that although the accused was provoked, the reaction was disproportionate and deliberate.
“There is uncontroverted evidence that the deceased followed him up to the place, meters away, where he died of the gunshot,” he said.
The court was told that after the shooting, Konga surrendered his weapon without resistance and told his colleagues that he had “finished” Kimeli and was now a “civilian.” His surrender and the remarks were corroborated by several police officers who testified during the trial.
Justice Nangea said the court was convinced that Konga intentionally fired the fatal shot, and that the use of a firearm in such circumstances left no doubt that he understood the consequences of his actions. “The prosecution has proved the charge beyond reasonable doubt,” the judge ruled.
The judge acknowledged that provocation occurred but emphasised that it did not absolve the accused of responsibility for the killing. The sentencing took into account the loss of life, the nature of the weapon used, and the setting of the crime within a disciplined force.
