A petitioner has challenged the decision to prosecute nine GSU officers facing murder charges in connection with the Masimba killings.
The officers are Police Constables Kasim Nunow, Hoseah Chikara, Mohammed Adan, Wambua Kilonzo, Wesley Kipkorir, Boaz Mogire, John Mwangi and Desmond Musyoka. Others are Inspector of Police Cornelio Nabwera and Corporal Zakayo Kipterio
The nine are accused of shooting and murdering four persons on June 2 during a crowd demonstration against rising wild animal assaults.
In a certificate of urgency, they contend that it is irrational for the prosecution to pursue charges because they were carrying out their legal authority and acting in the best interests of the greater public, who were non-rioting civilians.
“Given the circumstances; being outnumbered by rioting, they acted to the best of their abilities in order to avert more innocent casualties,” they contend.
The police officers, through their lawyer Dansan Omari, claim that the court should intervene to protect those who act in an official capacity in carrying out their duties.
According to the court papers, the demonstrators had blocked the road, and when things got out of hand, the cops tried to interfere to bring the situation under control.
“The mob was persistent; knowing too well that they had outnumbered the applicants. Subsequently, the applicants again fired ammunition in the air as they tried to evacuate casualties to safety Pc Chakar and PC Kassim.,” read court papers.
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