A police officer who shot and killed his friend last week in unclear circumstances now wants the DPP to reduce his charges from murder to manslaughter.
Edgar Mokamba was arrested on December 30 after he shot and killed his close friend Zachary Simwa on Nyari Estate where he was on patrol.
It is alleged that on December 29, Simwa went to visit Mokamba and they were chewing miraa together but later Mokamba fired 10 bullets that led to his death.
Through lawyer Danstan Omari, Mokamba says he never meant to shoot his friend and adds he is very remorseful.
Speaking to journalists, Omari said his client and Simwa were in the car when they saw a suspicious woman who appeared to be of Somali origin.
Omari says Mokamba told the woman to identify herself because she looked suspicious. Thereafter, he allegedly called his boss who came and apprehended the woman.
“As he was returning to the car, he feared the lady might have been a terrorist. He was already charged ready for combat when he accidentally touched the trigger,” Omari said.
According to Mokamba, it’s that point that the bullets hit the ground and accidentally hit Simwa who was in the car
Omari said his client apologised for mishandling his gun, saying Simwa was his personal friend of many years, hence he had no intention of killing him.
“We will be imploring the DPP; if he finds our story is correct, we shall request to enter into plea bargaining with a view to reducing the charge to manslaughter so he pleads guilty,” Omari said.
In an affidavit, on December 29 at around 6pm, Mokamba was issued with an AK47 rifle serial number 23009852 loaded with 27 rounds of live 7.62 special calibre ammunition and deployed to station guard duties for the night.
Nyari police patrol base Sgt Solomon Maundu, while in his quarters, heard several gunshots coming from the parking lot.
Maundu immediately responded and found Mokamba looking confused and suspicious while holding his firearm, and immediately disarmed him and placed him in custody.
“When he returned to the scene to check into the vehicle, he realised Simwa had passed on, with bullet wounds on the right side of his cheek while seated on the driver’s seat” the affidavit reads.
Mokamba has been in custody since Wednesday last week and he was arraigned yesterday for mention of his case. The court directed that he be produced before the High Court on Friday for plea taking.
Edited by Kiilu Damaris
