IPOA wants four police officers charged with murder

A man escaped with a bullet wound after a foiled robbery at the Mathira East OCPD's home in Karatina town on Sunday night. Photo/FILE
A man escaped with a bullet wound after a foiled robbery at the Mathira East OCPD's home in Karatina town on Sunday night. Photo/FILE

The IPOA has recommended murder charges against four police officers and one of grievous assault against another.

Two will be charged with the murder of 17-year old

Stephen Mwihaki at Kiamaiko area in Nairobi on May 17, 2015.

Police constables David Lenkaldayo and Carlisus Apalia from Huruma police station are said to have shot Mwihaki dead.

In a statement on Wednesday, IPOA communications officer Dennis Oketch narrated that Mwihaki had stayed with this brother the previous night.

Oketch said his brother left at about 5.30am the next day and asked him to drop off his keys at a local slaughterhouse.

"During the delivery of the house keys, commotion ensued resulting in the shooting of Mwihaki," he said.

Mwihaki was shot in his right jaw and lower abdomen. His relatives said he was not a criminal but an acrobat who trained youths in the area.

The Independent Policing Oversight Authority said a Kisumu officer should be charged with the murder of John Onyanyi on March 1, 2014.

Onyanyi was arrested by inspector Ibrahim Leting and AP constable Kibet Lelgo and allegedly assaulted at Masogo AP camp in Kisumu.

It is said he was transferred

to Songhor police station and then taken to several hospitals before dying.

The IPOA narrated in its findings that the owners of stolen cattle tracked suspects using a car, after the incident at Kibigori in Miwani.

The authority said a suspected rustler was killed by a mob at Chemase area in Kisumu.

"The vehicle was later traced to the Masogo Sub-district hospital compound where the officers laid an ambush, arrested and allegedly assaulted Onyanyi," said Oketch.

He said a post mortem report stated Onyanyi died as a result of repeated blunt force trauma to his abdomen,

three broken ribs and internal thoracic bleeding.

The IPOA said an anti-stock theft officer in Naivasha should be charged with the murder of Lake Naivasha fisherman Moses Wanyoike who

was found dead on July 27, 2014.

The officer is question was identified as constable Evans Wiyema, of Naivasha's Mirera Anti-Stock Theft Unit.

Investigations revealed that on the fateful day, Crescent Island of Lake Naivasha lodged a report for the theft of a sheep the previous day.

Oketch said that at 8am that day, Wanyoike went fishing with two other fishermen

as was his norm.

He said they sought shelter on the shores of Crescent Island when it became windy and cloudy.

"It was while they were taking refuge that they were accosted and Wanyoike shot in the head by one of two ASTU officers," he said.

Oketch said Wanyoike was left

for dead and the two other fishermen arrested, but that protesters demanded a search for him.

"It was only after public riots the following day that police visited the scene and recovered the body," he said.

The authority recommended that another Nairobi officer be charged with grievously harming a

matatu driver.

Oketch narrated that

Kasarani Traffic Base police officers stopped and arrested a matatu driver for a traffic offence on the morning of July 29, 2013.

He said constable Jamal Hussein handcuffed and severely injured the driver in the groin before booking him at Kasarani police station.

The driver spent the night in police detention and was not taken to hospital despite complaining of assault-related injuries, he said.

The driver was arraigned and

charged with six offences the following day.

Oketch said he pleaded guilty to five of the counts and was sentenced and taken back to Nairobi Remand and Allocation Prison.

"It is while at the prison that a medical officer established the serious injuries upon which the driver was immediately referred to Kenyatta National Hospital," he said.

Oketch said the driver's testicles were removed after his injuries were found to be severe.

"The assault effectively rendered the driver handicapped and he has since been unable to engage in gainful employment," he said.

The authority vindicated police constable William Shivachi of Kikuyu police station, who was charged with rape.

Shivachi allegedly committed the crime and unlawfully detained the complainant on November

11,

2014.

It was further alleged that the overnight detention of the complainant led to the death of her child who was left unattended at home.

"IPOA investigations established beyond doubt that indeed the officer and the complainant were mutual friends," he said.

He said the

investigation findings exonerated Shivachi from all allegations made against him.

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