Court Hands Down Two-Year Sentence to Officers in 2018 Nairobi City Park Incident
They informed the court that though they were not first-time offenders, the previous matter for which they were sentenced for seven years by the High Court originated from the same incident.
Two police officers have been sentenced to serve two years in prison each for the attempted murder of a civilian at the City Park in Nairobi in May 2018.
Milimani chief magistrate Susan Shitubi convicted constables Kirui Kipngetich Godfrey and William Kipkorir Chirchir with the offence of attempting to cause the murder of Bernard Chege Gathima by shooting his right hand and shoulder on May 20, 2018.
The two officers are also convicted of manslaughter in the High Court, which jailed them for seven years. The magistrate said the two will serve 2 years each for the offence of attempted murder.
While mitigating through their advocate, the duo told the court that they are remorseful for their actions and they would like to send their condolences to the families of the deceased and the complainants who were injured.
They informed the court that though they were not first-time offenders, the previous matter for which they were sentenced for seven years by the High Court originated from the same incident.
“Your honor, despite the two accused persons’ criminal records, I would wish to inform the court that the matters are similar in nature since they originate from the same incident,” the lawyer told the court.
The lawyer also told the court that the incident occurred while the officers were on duty. They were on anti-terror patrol duty under heightened Ramadhan security alerts.
He urged the court for leniency, considering the period they have been in custody, and requested the sentence to be imposed to run concurrently with that of the High Court.
He informed the court that the accused persons had reformed, according to the prison officers, who admitted that they had maintained good conduct and suggested leniency.
The lawyer further told the court that the convicts are family men with young families who rely on them as sole breadwinners.
Kirui and Kipngetich were charged with the offence of attempted murder contrary to Section 220 (a) of the Penal Code.
On May 20, 2018, at City Park within Nairobi county, jointly, while armed with AK 47 rifles, unlawfully attempted to cause the death of Bernard Chege Gathima by shooting at his right hand and shoulder.
The cops had another matter before the High Court where they were charged with the murder of Janet Wangui Waiyaki on May 20, 2018, at City Park. The deceased was in the company of Gathima, who sustained gunshot wounds on the shoulder and right hand.
The High Court convicted them of the offence of manslaughter and sentenced them to serve seven years in prison.
Earlier, the Court of Appeal upheld the conviction and seven-year sentence of the two police officers found guilty of manslaughter in the 2018 killing of Janet Wangui Waiyaki at Nairobi’s City Park.
Chirchir and Kipngetich Kirui, who were on anti-terror patrol duty under heightened Ramadhan security alerts, had challenged their conviction and sentence.
They had argued that they were acting in line with their mandate as law enforcement officers when they opened fire on a suspicious vehicle. The vehicle had failed to respond to police commands and sped off.
But the appellate court dismissed their claims and found that although the two officers did not act with malice aforethought, the use of firearms was unlawful and excessive.
“We are satisfied that the appellants were properly convicted and sentenced,” Justices Patrick Kiage, Jamila Mohammed, and Weldon Korir ruled.
