The High Court in Nyeri has found ex-police officer, Chibungu Sanga guilty of manslaughter.
Justice Martin Muya acknowledged that the prosecution had proved beyond reasonable doubt that the former Constable used excessive force in the circumstances which was unlawful and caused the death of Gregory Kingori Kanyi on 8th March 2015 at Kiriiti Village in Mukuruweini Sub County in Nyeri County.
The Independent Policing Oversight Authority (IPOA) investigated the matter and recommended prosecution. The accused person entered a plea of not guilty on September, 16, 2015, paving the way for the full hearing and determination. The prosecution lined up a total of 14 witnesses.
During the hearing, the Court heard that on the material day, four officers including the accused went to the deceased’s house at 0100hrs to arrest the deceased for an alleged petty crime. Momentarily, the deceased’s family heard gunshots after which they discovered the deceased’s body in a coffee plantation.
In his defence, the accused claimed self-defense against the deceased who allegedly attempted to attack him using a panga to resist arrest, and said that the deceased indeed inflicted some cut wounds on his fingers.
Justice Muya during the judgement November 30, proclaimed that though doubtful, even if a panga was to be used against the officers, the force used by the accused was not proportionate to the objective of arrest.
The judge however reduced the charge from murder to manslaughter, after he said that the prosecution failed to support a murder conviction.
“Malice aforethought as defined in Section 206 of the Penal Code was not proved, that is; the intention to cause death of the deceased. The charge of murder contrary to section 203 of the Penal Code cannot stand, but I am satisfied that the offence of manslaughter has been proved beyond reasonable doubt,” Justice Muya said.
Further, Justice Muya questioned the urgency and rationale of effecting an arrest past midnight for a petty crime.
The deceased’s widow, Gladys Gathony, though happy that finally the officer had been found guilty, said that she had hoped for a murder conviction.
“Since my husband died, 8 years ago, life has been hard for me and the children. We have suffered as a family. We are however hopeful that justice will be served,” Ms Gathony said.
A lawyer with the International Justice Mission (IJM) Edward Mbanya who had represented King’ori’s family, said that the manslaughter verdict was lenient as the family had hoped the officer would be convicted of murder.
“It has been a long and traumatic journey for the family. We had hoped to get a conviction of murder. A manslaughter conviction has somehow diluted the expectations we had,” Mr. Mbanya said.
The accused will be remanded at King’on’go GK Prison pending sentencing on December 14.