A former police officer was on Thursday, January 11 convicted of the murder of a 24-year-old man, which occurred in Nairobi.
According to the Independent Police Oversight Authority (IPOA), the crime was committed in 2020, during a raid in Majengo conducted by police who were tracking bhang peddlers.
The former policeman, who was attached at the Shauri Moyo Police Station was found guilty of murder contrary to Sections 203 and 204 of the Penal Code.
IPOA, on its website, stated that the High Court was satisfied with the prosecution's presentation which proved beyond reasonable doubt that the police officer caused the death of the deceased.
While delivering the judgement, Justice Daniel Ogembo, noted, “The officer shot the deceased thrice as he attempted to inquire why they had arbitrarily arrested his counterpart.”
The deceased succumbed to the injuries that he sustained from the gunshots.
IPOA added that ten people including neighbours, family and friends were lined up as witnesses in the case.
However, the defendant pleaded his case citing that the slain man and other occupants of the house resisted arrest, forcing him to draw his firearm in self-defence.
He further argued that as they attempted to arrest one suspect, rowdy youth confronted and surrounded them, prompting one officer to fire in the air. In the process, a stray bullet unfortunately hit the deceased.
The judge, however, dismissed his argument citing that the use of the firearm was unwarranted as the suspects did not pose any danger during the arrest.
"Justice Daniel Ogembo noted that there was no evidence that the accused faced any threats to warrant his use of a firearm, thereby dismissing his reliance on self-defence to justify his action," IPOA stated.
As a result of the incident, Majengo and Pumwani residents protested the police officer’s actions and urged IPOA to investigate the case.
