The High Court in Milimani on Wednesday found a former police officer – David Mwongela guilty of murder.
Justice Daniel Ogembo ruled that the prosecution had proved beyond reasonable doubt, that the officer based at the Shauri Moyo Police Station shot Ahmed Majid, causing his death on 16th January 2020.
The Independent Policing Oversight Authority(IPOA) had, on its motion, investigated the matter following media reports.
At the conclusion of its investigations, the Authority’s recommended that Constable Mwongela be charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
At least 10 witnesses including; neigbours, family, and friends of the deceased were lined up as witnesses in the trial.
The court heard that the officer shot Mr Majid thrice as he attempted to inquire why they had arbitrarily arrested Yassin Athman Mohammed, whom the officers alleged, that they had found to be in possession of Bhang.
Yassin was taken to Care Hospital where he succumbed to the bullet injuries. In his defense, the officer told court that they had gone to effect an arrest in a house whose occupants they suspected had drugs.
He told the court that as they attempted to arrest one suspect, they were confronted and surrounded by riotous youth and thus were forced to fire in the air. In the process, he said, one bullet unfortunately hit the deceased.
Justice Ogembo ruled, however, that the use of force and firearms was not justified under the circumstances that led to the death of the deceased.
He noted that there was no evidence that the accused faced any threats to warrant his use of a firearm, thereby dismissing his reliance on self defence to justify his actions.