The High Court at Garsen Friday March 24 found two police officers guilty of murdering a camel herder in Tana River County six years ago.
Justice Stephen Githinji said Police Constables, Emmanuel Wanje Mwaringa and Brian Otieno jointly murdered Abdullahi Hussein Omar on the 24th June, 2018 at Boka Market, Boka Township,within Tana River County.
The two were charged with the offence of murder, contrary to Section 203 as read with Section 204 of the Penal Code, Cap. 63 of the Laws of Kenya.
The Independent Policing Oversight Authority probed the murder incident after receiving a notification from the Officer Commanding Station Bangale Police Station on June 26, 2018.
Githinji ruled that the prosecution had proven that the two police officers used excessive force during the incident.
The judge ruled that the use of live bullets to shoot at an unarmed civilian constituted to unreasonable use of force in the circumstances.
The court concluded that the testimony of 17 prosecution witnesses proved the ingredient of malice on the part of the accused person in their action against the deceased.
The judge further ruled that the accused persons failed to challenge the weight of the evidence against them presented by the DPP through Senior Prosecution Counsel, Agather Mkongo during trial.
On the fateful day, Mwaringa and Otieno were guarding Boka livestock auction market when they were approached by Hussein Omar, the deceased’s father.
The deceased and his father disagreed over the sale of a camel, with the former informing his father that he would be ready to exchange the camel for a lower breed.
When they couldn’t agree, the deceased drove the camel out of the market towards Kora National Reserve.
The father orally reported his son to the two police officers, requesting that they arrest the deceased and return the camel to the market.
The two officers pursued the late Abdullahi for almost 1km towards Kora National Reserve but he refused to stop when they asked him to.
A confrontation ensued, during which the deceased pelted and injured the two officers with stones before being shot dead.
It emerged that P Wanje shot the deceased on the leg and head, while Otieno wounded him in the abdomen.
The two will know their fate on March 20, 2024 when the court will sentence them.
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