Two years ago, two police constables were charged with the murder of a businesswoman at City Park. Court has found the officers guilty of manslaughter and not murder.
Police constables Godfrey Kirui and William Chirchir killed businesswoman Janet Waiyaki. They fatally shot her on 20th May 2018. At the time, she was in her car with her nephew, Benard Chege.
In her judgement, High Court judge Stella Mutuku acknowledged that the force the officers used was not proportional to the threat, if any. She said that the deceased had not committed any offence. Additionally, she noted that the deceased and her nephew never posed a threat.
The law dictates that officers should discharge firearms in instances where they can injure a person.
Mutuku noted that the two constables shot at the vehicle before they identified the occupants.
“They acted recklessly and shot with the aim of killing. The deceased did not shoot from inside the vehicle. By using firearms to stop the car, they used excessive force and contrary to the law. The officers contravened the law that requires them to protect life,” the Judge ruled.
Additionally, the Judge said that the officers should have acted with caution since they were both armed.