Written By John Mutiso 📝
Two police officers have been cleared of wrongdoing following an incident in which two men were shot and injured at Merti, Isiolo County.
According to the IPOA investigation, Daudi Huka Galgalo and Barak Edin Halakhe were riding on two motorcycles around 4.30 a.m. before colliding with police officers.
IPOA said the duo had left Gafarsa, where they had taken a rest after the ride that had started at around 6 pm the previous day.
“They never made it to the intended destination – Barmbate – because on reaching Madogaya, they ran into police officers who were travelling in a white vehicle,” IPOA said.
They told investigators during interviews that they sped past the police vehicle after hearing gunshots.
As they sped away, they fell off their bikes, and Halakhe was shot in the back, while a bullet hit Galgalo in the leg, causing a fracture.
Officers apprehended them, lifted them into the police vehicle – an unbranded white Toyota Land Cruiser – and drove them to Barmbate Dispensary.
Three of the four officers were in police uniform. They were later transferred to Isiolo County hospital but due to the extent of the injuries sustained, Halakhe was later admitted at Meru Level Five hospital.
After two weeks, he was discharged and taken into custody at the Isiolo Police Station.
The recommendation to clear the officers was informed by findings of an investigation by the Independent Policing Oversight Authority (IPOA) into the April 15, 2019 incident.
The case file, which includes the circumstances surrounding the shooting, findings and recommendations, and other evidence, would be forwarded to the Office of the Director of Public Prosecutions (ODPP) for an independent review.
On April 23, 2019, and April 25, 2019, Halakhe and Galgalo were charged with bhang trafficking at the Isiolo Magistrate’s Court where they denied the allegations.
In a statement to the Authority, one of the riders stated that each of them was carrying 85 kilograms of bhang on their motorcycles, which they had purchased from a dealer in Moyale.
IPOA investigators further examined police reports, which indicated that acting on intelligence, the officers had left their station at Merti intending to arrest suspects who were transporting bhang, which was recovered in “thirty-six (36) bales.”
After six months of trial, Chief Magistrate SM Mungai found Halakhe guilty of the offence and sentenced him to 15 years in prison.
The sentence was reduced to six years on appeal while the other matter is pending at the court.
In its recommendations, IPOA also referred to the National Police Service Act, which in part says a police officer may use arms against “any person who by force prevents or attempts to prevent the lawful arrest of himself or of any other person.”
The Authority also noted; “That the police officers were justified to shoot with an aim of immobilising the escaping suspects who were transporting narcotic drugs.”
“IPOA does not exist to find fault in the actions of police officers. The law is clear that IPOA shall enhance public confidence and trust in law enforcement. In doing so, it is explicit that death and serious injuries that occur when police officers are carrying out their duties, are investigated by the Authority. In the spirit of accountability, where the actions of police fall below the lawfully stipulated demands, the culpable officers are prosecuted. On the other hand, the same law exonerates officers whose actions are in accordance with the law, like in this case,” said Chairperson Mrs. Anne Makori.
