A police officer is set to be arraigned for the death of Mr. Joash Juma Nyaisu who was shot during an altercation at a bar in Kisii County, following an investigation by the Independent Policing Oversight Authority.
Office of the Director of Public Prosecutions gave the greenlight to place a murder charge against the Corporal in agreement with recommendations of the Authority.
The investigation established that Mr. Nyaisu, a water vendor was shot outside Framo Central Pub at Riokindo market on March 2, 201.
Minutes earlier, the officer had left the bar in a huff, having engaged in quarrel with two other revelers.
He had rushed to Riokindo Administration Police Camp, about seventy (70) metres away and returned armed with a rifle, then waited outside the bar.
Mr Nyaisu was shot once as he left the bar and was walking towards his vehicle that was parked across the road. It was later revealed that Mr. Nyaisu was the cousins’ uncle.
A postmortem revealed that the bullet ripped his stomach.
Before succumbing to the injuries, the casualty had been rushed to Kenyanya Sub-county hospital and later Kisii Teaching and Referral Hospital.
When IPOA was informed of the shooting, the local police command had forwarded findings of its inquiries to the ODPP in Kisii, prompting a public inquest at Magistrate’s Court in the area.
IPOA however petitioned the ODPP to have the inquest stopped to allow its detectives to proceed with independent investigations.
It is this investigation rekindled on October 1, 2020 that the ODPP relied on, and directed that the officer be charged with murder.
A letter by the ODPP to the Authority reads in part: “The Director of Public Prosecutions has comprehensively reviewed the evidence submitted and considered your recommendations. It is noted from the record that E1 (the suspect) intentionally went to the armory to pick a firearm while dressed in civilian clothes.”
It concluded: “The DPP is in agreement with your recommendations that he be charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code.”