•They want the court to find Chirchir and Kirui criminally culpable for cutting short the life of Waiyaki a mother of three.
•Through lawyer Edward Mbanya, the victims say that Waiyaki met her untimely death because of the unholy acts of the two officers.
The family of a businesswoman who was shot dead at City Park three years ago wants the court to convict the two cops charged with her murder.
In their submissions to the court, they urged Justice Stella Mutuku to find William Chirchir and Godfrey Kirui guilty for the murder of Janet Waiyaki.
The two were charged with murder.
It is alleged that on May 20, 2018 at City Park within Parklands area of Nairobi, the accused unlawfully shot and murdered Waiyaki.
The court ruled that they have a case to answer and put them on their defence.
“It is our humble submission that as per the evidence adduced, and the witnesses who have testified before this court, the prosecution has proven the charges put forth against the accused persons beyond a reasonable doubt,” the family says.
They want the court to find Chirchir and Kirui criminally culpable for cutting short the life of Waiyaki who was a mother of three.
“The accused persons were fully aware that their actions will cause the death or do grievous harm to the occupants of the motor vehicle KBX 615H,” they said.
Through lawyer Edward Mbanya, the victims say Waiyaki met her death because of the acts of the two officers.
According to submissions filed in court, Benard Chege who was with Waiyaki when she was shot, testified that she was screaming when the shooting happened but after she was unresponsive when a female cop came to check.
They also say Chege told the court that when he tried to ask the officers for help after being shot, they just looked at him and did not offer any assistance.
They waited until Inspector Mary Nderitu from Parklands came and offered help by opening the door and checking on the deceased.
“It took about 10 minutes to get help. In all this time, if they acted promptly upon realising they had shot the two, they probably would have saved the deceased’s life. Their omission led to the death of the deceased‚” the family argues.
Mbanya further argues that from the evidence tendered by all the 22 prosecution witnesses, there is no doubt that the act that caused Waiyaki's death was the unlawful act of shooting by the accused persons.
“A police officer shall always attempt to use nonviolent means first and force may only be employed when non-violent means are ineffective or without any promise of achieving the intended result.”
Mbanya says the threshold has been attained and that the act of shooting by the accused persons was intended to cause death or at the very least cause grievous harm to the two who were in the car.
“The force used by the officers was way too excessive and the use of firearms was reckless and uncalled for,” they said.
It is also their argument that the defence by the accused persons is wanting and should be rejected as it is contradicting and a mere attempt to shift responsibility when the evidence overwhelmingly says otherwise.
Edited by Kiilu Damaris