Another murder trial for police officer in Willie Kimani case

One of the police officers under trial for the murder of human rights Lawyer Willie Kimani will, together with his boss, be charged with the murder of two people in Machakos County in 2016.

Sergeant Fredrick Leliman and his boss then, Chief Inspector Stephen Lelei, will be charged with murdering Jacob Mwenda Mbai and Elizabeth Nduku in Mlolongo Township on May 27 that year.

The Independent Policing Oversight Authority (Ipoa), which has been investigating the death of the two, said they were shot by police officers who later reported that they were responding to a planned robbery.

“Upon independent review of Ipoa's findings, the the office of the Director of Public Prosecution (ODPP) wrote to the authority and gave the greenlight to charge the officers with murder,” Ipoa's Chairperson Anne Makori said in a Statement.

She added that the officers face an additional charge of unlawful use of firearm, contrary to Section 26 A (1) (a) of the Firearms Act.

The family of the two people sought Ipoa's help, claiming Mr Leliman (whom they identified as Maasai) shot them after an altercation, and that the shooting had nothing to do with a robbery.

Jacob’s father, Cosmas Mbai, told NTV at their home in Mlolongo that they reported the shooting to police under OB number 34/28/5/2016 but had not received any redress.

Instead, the family said, they received several threats from the officer and his colleagues.

“It is difficult for me to get justice for my son because I am dealing with people who have power,” he said in Machakos, days after the burial of his son and the woman, who left behind three children.

Mr Leliman, and his colleagues Leonard Mwangi, Sylivia Wanjiku and Stephen Cheburet were charged with the killing of Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri, and dumping their bodies in Ol Donyo Sabuk in Athi River.

Ipoa has also forwarded files to the ODPP recommending the prosecution of six General Service Unit, GSU officers attached to the Majiwa camp, over the killing of one Mary Chepkorir Kiprotich.

The six are Inspector Harrison Mwa, Corporal John Kimweli Musau, Constable Linus kipngetich Terer, Constable Joseph Mureithi, Constable David Kipkemoi and Constable Magdalene Nachapai.

They are accused of killing Chepkorir while conducting an operation against sale of illegal alcohol while in the company of the area chief.

The authority is also seeking to have two officers attached to North Horr in Marsabit County prosecuted over the death of one Ali Sora Bonaya who collapsed and died at home, two days after sustaining injuries during an altercation at the local police station.

Constable Bernard Gachau faces murder charges while his boss Sergeant James Mulwa will be charged with neglecting duty, contrary to Section 128 of the Penal Code.

The Ipoa said the ODPP was satisfied with the evidence it had received in all the cases and that it would sustain a trial in a court of law.

“Ipoa supports officers in maintaining law and order but will not hesitate to take action, in accordance with its mandate, on the few bad elements that break the same laws they are supposed to enforce,” Mrs Makori said in a statement.

The statement comes just a day after Human Rights Watch (HRW) condemned the Kenyan police for brutality during the curfew President Uhuru Kenyatta imposed to contain the spread of the coronavirus.

In its report, the international rights organisation said that so far, six people countrywide have been killed by police enforcing the curfew.

“It is shocking that people are losing their lives and livelihoods while supposedly being protected from infection,” Senior Africa Researcher at Human Rights Watch, Otsieno Namwaya, said.

“Police brutality isn’t just unlawful; it is also counterproductive in fighting the spread of the virus."