Murder charges for nine officers after Ipoa probe
George Kebaso @Morarak
Nine police officers will be charged with murder after the Independent Policing Oversight Authority (IPOA) completed investigations into various killings linked to the law enforcers.
IPOA forwarded the files to the Director of Public Prosecutions (DPP) Noordin Haji, who recommended that the security agents be charged.
The suspects include former Kabete OCS, who was feted for bravery during the 2013 Westgate Mall terror attack, another officer currently on trial over the killing of lawyer Willie Kimani , his client and a taxi driver in 2016.
IPOA’s chairperson Ann Makori, handed the files of the nine officers to Haji containing killings in Mlolongo, North Horr and Laikipia.
Chief Inspector Stephen Lelei, then OCS Mlolongo and Sergeant Fredrick Leliman are accused of shooting dead Elizabeth Nduku and Jacob Mwenda Mbai at Mlolongo and proceeded to report that they were responding to a planned robbery.
“Upon independent review of IPOA findings, the ODPP wrote to the Authority and gave the greenlight to charge the following officers with murder,” Makori said.
Both Lelei and Leliman are also to face additional charges of unlawful use of firearm, contrary to section 26 A (1) of the Firearms Act. Leliman is also a suspect in the murder case of lawyer Kimani, his client and a taxi driver.
Others are six General Service Unit (GSU) officers, who will be charged with the murder of Mary Chepkorir Kiprotich.
The officers from Muhotetu are said to have assaulted the deceased at her Laikipia home in March 2020.
The woman was taken to a nearby health centre where shed died hours later. IPOA probe revealed that the assault was deliberate and without any lawful cause.
The officers have been identified as Inspector Harrison Mwa, Corporal John Kimweli Musau, and Constables Linus Terer, Joseph Mureithi, David Kipkemoi and Magdalene Nachapai.
“The officers had accompanied the area chief in conducting an operation against sale of illegal alcohol, during which the woman died,” Makori said.
Haji also directed that Constable Bernard Gachau, who was attached to North Horr police station be arrested and arraigned after investigations revealed he brutally assaulted a Kenyatta University graduate, Ali Sora Bonaya, leading to his death in 2017. The post-mortem revealed that Bonaya had a ruptured spleen and broken rib.
After the assault, the student had reported to the police station but Sgt James Mulwa refused to record his statement. The DPP recommended that Mulwa be charged with neglect of duty contrary to Section 128 the Penal Code.
“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 expected to enforce,” Makori added.
In a statement signed by Makori, IPOA promised commitment to address the plight of officers but has called on them to avoid using excessive force.