The truth can only come out in a trial, where the evidence, from both sides, is tested. – Justice W. Musyoka

Two police officers are set to be charged with murder after the High Court rejected their plea to avoid trial, following an investigation by the Independent Policing Oversight Authority.

The officers – James Were and Christopher Thuita – from Shauri Moyo police station, Nairobi, had sought the Court’s intervention to avoid being arraigned for the fatal shooting of Mr. Dominic Mogere Machoni, as recommended by IPOA.

Their argument was that IPOA had overstepped its powers, claiming that the Authority acted “illegally and procedurally” in the investigation, a reasoning the court said was unfounded.  Read full judegement – PDF

Mr. Machoni was shot dead on June 17, 2022 along Kamukunji Road, and through the Office of the Director of Public Prosecutions, the police initiated an inquest at the Makadara law courts the following year.

But IPOA requested the DPP to stop the proceedings and instead, review its investigation file that contained findings and recommendations which cited the officers for the killing. Read a related story

Accessories after the fact of murder

In response, the DPP moved to stop the inquest proceedings, have the Were and Thuita charged with murder and further, arrest of Chief Inspector Alphonse Ngundo and Corporal Charles Wenani for the offence of “being accessories after the fact of the murder.”

This prompted the officers to seek the High Court’s intervention in a bid to stop the impending arrests and arraignment.

But it was a temporary relief; after the court heard their arguments alongside responses by IPOA and ODPP, Justice W. Musyoka delivered the judgement on Thursday last week, July 9, 2026.

self defence, trigger-happy?

“I have not come across material, in this case, which points to an incidence of the 1st (IPOA) and 2nd (DPP) respondents having acted improperly or beyond their powers, in the manner that they have handled this matter,” he said.

The Judge also noted: “…the entity vested with jurisdiction, by section 25 of IPOA Act, to conduct investigations in deaths that happen in the circumstances in which the deceased died, and IPOA has recommended prosecution, and the DPP, has reviewed the investigations file, and he is satisfied that there is evidence which would sustain a charge of murder.”

Whether or not the officers shot in self-defence as claimed, the Judge further noted, against the word of anyone else who asserts that they were trigger-happy, would only be tested in trial, which the officers had attempted to stop in advance.