• Kibera court orders DPP to investigate five police officers accused of plotting murder of former OCS
• Magistrate rules victim was not killed by the crowd, says weapon, clothes tampered with
Image: FILE
A Kibera court yesterday requested the DPP to investigate five police officers accused of plotting the murder of a former OCS at the Muthangari police station.
Daniel Njuguna Mbugua was murdered on December 30, 2007, during the post-election violence. He was responding with his colleagues to calls from members of the public who were being attacked by people burning houses in Kawangware
The prosecution called 11 witnesses and closed the case.
Kibera resident Magistrate Renee Kamau ruled that all the police officers present at the scene were eye witnesses to the murder and none had testified how the deceased was shot .
She said only forensic evidence would have assisted in determining the gun used in the shooting, but it had been tampered with.
Kamau said the court has found the officers guilty of interfering with the evidence to defeat justice, hence, the DPP should investigate.
The ruling came after an investigating officer based at Kilimani police station was given a go-ahead by Kilimani DCIO to initiate an inquest into the Mbugua's death.
“Since the firearm used by the officer was interfered with, together with the deceased's clothes, I recommend all the foresaid officers who accompanied the deceased, together with then acting OCS Inspector Chanda, be charged ...with conspiracy to defeat justice," she said.
She ordered the DPP to investigate them before trials.
“If he finds the officers culpable of the offence of murder they stand to be charged," she said.
The magistrate ruled that the deceased was not killed by the crowd as stated but was murdered by police.
She said that according to the witness account, it was difficult for the deceased to be shot by the crowd as alledged.
“The PW6, a daughter to the deceased, said they got information their father had been shot on 31 December 2007. They proceeded to Nairobi Hospital where they found him. She said the deceased’s landlord told them two officers had gone to the deceased’s residence and told the landlord he had been shot and they needed documents from the house. PW6 decided to change the padlock to the house. It was her evidence that she had to see him at Muthangari police station where he was the OCS and heard the junior officers gossiping him but said she never heard the deceased complain of any threats to his life,” she said.
The magistrate said the postmortem showed the fatal shot was to the abdomen.