A Nairobi court has halted the DPP’s intention to file murder charges against three police officers accused of killing a suspected robber in Gikomba three years ago.
The DPP has ordered the arrest of PC Tom Mbuku, Cpl Ginna Garro, and PC Langat Hillary of the Kamukunji police station on murder charges for the death of Kelvin Maina in 2020.
However, on Tuesday, Justice J. Chigiti postponed the ruling pending the outcome of a petition challenging their prosecution.
Justice Chigiti stayed the DPP’s instruction to arrest the three policemen pending the outcome of the case, stating that the orders given will serve as a stay.
In their case, the cops allege that while on duty, Garro shot Maina, a member of a gang that had forcefully robbed a man in Gikomba, in order to save the life of his colleague Mbuku.
“One of the gang members, the deceased, attacked me while I was pursuing them.” “I had not noticed that he had hidden in one of the corners, and as a result, he ambushed me from behind,” reads court documents.
Mbuku claims in his affidavit that Maina tried to take his gun and was holding the muzzle, and that he was carrying a knife in his right hand and threatening to stab him if he did not give him the rifle.
The cops told the court, through lawyer Danstan Omari, that they were following the group when Maina, the deceased, attacked Mbuku and demanded his gun, which is why Garro shot him.
“My life was at risk since the deceased nearly overpowered me and would have taken my life away were it not for my colleagues’ intervention,” Mbuku claims.
Omari says immediately after the incident, his clients recorded their statements with the DCI at Kamukunji Police Station who recommended that the matter be referred for inquest.
“Subsequently an inquest file was opened, that is Inquest no 25/2020. However, the same has never proceeded for hearing,” reads court documents.
However, on June 19 this year the DPP issued a directive to the IG to arrest the three officers in connection with the said incident.
“The officers are bewildered by the turn of events and have well-founded fear that the Respondents are not acting in good faith and have a bad motive in their decision to charge them without any lawful basis,” Omari says.
The case will be mentioned on July 31.
