A family is dissatisfied with a ruling made by a court in Nyeri in a case involving a former police officer.
The former constable was sentenced to seven years in prison after the case dragged in court for over eight years. The convict was accused of killing the family’s kin on March 8, 2015.
In the presentations made in court, the ex-police officer formerly attached to Mukurweini Sub County was found guilty of committing the offence while arresting the deceased at his home.
The Independent Policing Oversight Authority(IPOA) had earlier produced investigation reports which claimed that on the fateful day, the convict arrived at the deceased’s home at around midnight in the company of three colleagues.
Officers on duty at a police station in Kenya in a photo dated 2020
Police had traced the deceased to his home after he was allegedly involved in a physical altercation with a police officer at a local bar in Mukurweini.
On reaching the homestead, it was reported that they surrounded the home to prevent the deceased from escaping.
It was further alleged that the victim opened the door armed with a machete and charged at the officers. In his defence, the convict claimed that he was the only officer who was armed and was necessitated by the law to disarm or scare the victim.
He thus shot in the air before shooting him in the chest, killing him immediately but out of self-defence.
The allegations were, however, downplayed by International Justice Mission Kenya (IJM), which represented the family through lawyer Edward Mbanya.
During the first trial, the lawyer highlighted the inconsistency of the evidence the officers had presented earlier, affirming that it was planted on the scene.
After assessing both the defence and prosecution reports and presentations, Justice Martin Muya sentenced the convict to seven years in prison after his charges were changed from murder to manslaughter. He also gave the convict 14 days to appeal his case.
However, the family’s side felt aggrieved by the ruling, arguing that the convict ought to have been slapped with a harder sentence.
“I don’t feel comfortable with the judgement. In essence, they are saddened with the wait, and it has been traumatic to the family,” Edward Mbanya opened up after the trial.
The deceased sister echoed the lawyer’s sentiment, stating that the family hoped the convict could have been locked up for life.
Two men in a Nairobi court in January 2019.