Two police officers
have been found guilty of committing murder without intent in the case of
14 year-old schoolgirl Kwekwe Mwandaza.
Kinango DCIO Veronicah Gitahi and constable Issa Mzee were "recklessly negligent" for shooting in darkness without establishing who the victims were, the Mombasa High Court ruled.
"I find the two accused persons guilty of the offence of manslaughter and they should be sentenced accordingly. They should have made any effort to avoid using a firearm on a child," ruled judge Martin Muya.
"There is evidence that this child was shot in the head and chest. The child should have been disarmed either physically or shot in the hand to disarm her."
Manslaughter refers to the killing of a person without premeditation or in circumstances not amounting to murder and attracts a prison sentence of at least 12 months, plus fines and probation.
Muya also said Gitahi and Mzee did not indicate in their submissions that they saw
Kwekwe swing a panga.
They were released on a surety bond of Sh500,000 each, pending sentencing on Friday.
The officers
they jointly murdered Kwekwe on August 22, 2014 in Kinango, Kwale county, when they appeared in court in November 2015.
Gitahi, a former CID boss, had earlier said
, but that she charged at them with a panga.
Kwekwe died of a gunshot wound to the head from a high-powered rifle and another shot to the chest, after 13 police officers stormed her home in Maweu village.
In their defense, the officers said they went to Maweu during an operation to pursue criminals.
Gitahi said they forcefully got into the house after its occupants declined to open the door. He said Kwekwe cut Mzee's AK 47 rifle with a panga, prompting her to shoot twice in the air.
They maintained it was to kill.
Their version of events differed with the family's testimonies;
said the officers burst into their house and lobbed teargas canisters.
They said police opened fire and killed the girl as the family choked in fumes.