A police officer has been found culpable for the death of a butcher who was shot in Nairobi’s Huruma estate.
The shooting prompted an investigation by the Independent Policing Oversight Authority whose findings culminated into an inquest which led a magistrate’s Court to rule against the officer last Thursday.
Sitting at the Milimani law courts, Chief Magistrate Francis Andayi ruled that Police Constable David Kibet Rono shot Mr Nura Molicha Molu in “unclear circumstances,” causing his demise.
The Court further directed that the inquest file be forwarded to the office of the Director of Public Prosecutions.
The DPP has the discretion to charge the officer including for the offence of murder which attracts a death sentence.
While making the ruling, the Magistrate hailed IPOA for its efforts to investigate the matter and ensure that justice prevailed.
“Once again I would like to thank IPOA for taking up this matter and bringing it up to this point when it appears the police officers including heads of stations in which it occurred were not willing to pursue it,” – Magistrate Andayi.
During the inquest, the police made an attempt to exonerate themselves from the death but their arguments were cast off by the court.
The (police) inquiry file was never forwarded to the DPP for action, and the alleged crucial exhibits (allegedly referred to by police during the inquiry) were never produced in court, the court noted.
The Magistrate added: “In conclusion therefore I find that the death of the deceased was by shooting by a police officer whose identity was PC David Rono. As provided for by Section 387 (4)of Criminal Procedure Code, this court recommends that based on the findings of criminal culpability of PC Rono together with the opinion as to who was responsible for the death, the findings and recommendations are hereby forwarded to the DPP for his necessary action and the inquest is hereby closed”
According to the police, Mr. Molu was shot after he attempted to attack the police constable with a knife. The “alleged” knife was never produced in court.
“The deceased is said to have been wielding a Somali knife yet it was not provided to this court. These circumstances led me to conclude that the incident may not be as described by the two police officers (witnesses) that he (Mr Molu) was shot because he was trying to attack Mr. Rono with a knife. In view therefore I find that the deceased came about his death by being shot by PC Rono under circumstances that are clearly questionable and which amount to the commission of an offence for which the officer should answer.”