The Nyandarua High Court has convicted a police officer and a civilian of manslaughter in the death of Nyandarua resident Paul Mureithi.
Police Constable Evans Mokaya Motari, formerly stationed at Kandutura Police Post, and James Njoroge Muriithi were found guilty of causing the unlawful death of Mureithi following an assault in April 2022.
Delivering judgment, Justice Kiarie Waweru said evidence presented in court showed the two accused assaulted Mureithi with a hoe stick after a night of drinking at Mla Chake Bar in Kandutura Trading Centre.
Members of the public and police officers found Mureithi at the scene with serious injuries.
He died shortly afterwards.
Two police officers, PC Dickson Kimathi and PC Joseph Njoroge, testified that when they arrived at the scene, they asked Mureithi who had attacked him, and they said he identified the two accused men.
Investigators recovered a broken jembe hoe, a blood-stained sisal rope, barbed wire, a shoe, and a pair of socks at the scene. The items were presented in court as exhibits.
Some witnesses told the court that the rope and wire were used to restrain the victim. The items were later taken to the Government Chemist for analysis.
A receipt presented in court showed that the jembe had been purchased by PC Mokaya days before the incident.
The judge also noted that DNA analysis detected Njoroge’s DNA on the jembe.
The two accused were initially charged with murder.
The judge reduced the charge to manslaughter after finding that malice aforethought had not been proved.
Both accused persons denied involvement in the assault.
Njoroge told the court that he was drinking with the deceased earlier in the evening, but left the bar and later learned of the incident when he was awakened by a prosecution witness.
He said he went to the scene, found a crowd around Mureithi, and helped carry him to a vehicle, which he said explained the bloodstains on his clothes.
PC Mokaya said he also went to the scene after being called by a fellow officer.
He testified that he notified the OCS and remained at the location while waiting for assistance.
He denied knowing either the deceased or his co-accused and said he was later arrested at the police station after assisting in carrying the injured man.
A post-mortem report presented in court indicated that Mureithi died from a chest injury caused by blunt-force trauma, with additional injuries including femoral fractures and a possible fat embolism contributing to his death.
Thirteen prosecution witnesses testified during the trial. Sentencing is scheduled for December 4, 2025.
International Justice Mission (IJM) Kenya represented the family as victim counsel.
Advocate Julius Nyagah told journalists that the conviction offered hope to families seeking justice. He said they looked forward to sentencing, which they hoped would bring closure to the family.
IJM Kenya Country Director Vincent Chahale also welcomed the verdict, saying it underscored that officers who engage in unlawful conduct would be held accountable.
