PURSUIT OF JUSTICE

6 cops to face murder, assault charges while enforcing curfew

15 Kenyans have lost their lives in the hands of police as they implement curfew directives.

In Summary

• The six officers had been found guilty of having directly involved themselves in shootings that resulted in deaths while implementing the curfew directives.

• Police officer Duncan Ndiema Ndiwa alias Champes will be charged with murder for shooting to death of 13-year-old Yassin Hussein Moyo

Mombasa residents after the nationwide curfew took effect on Friday, March 27, 2020.
Mombasa residents after the nationwide curfew took effect on Friday, March 27, 2020.
Image: JOHN CHESOLI

Six police officers will be arrested and charged for murders during the implementation of the nationwide curfew, the Independent Policing Oversight Authority has said.

In a statement on Thursday, Ipoa said the six officers have been found guilty of having directly involved themselves in shootings that resulted in deaths while implementing the curfew directives.

“Following investigations by the Independent Policing Oversight Authority and upon an independent review of the case files by the Director of Public Prosecutions, six officers will be arrested and arraigned for various serious offences,” Chairperson Anne Makori said.

 
 
 

Makori said Administration Police Officer Lotugh Angórita will be charged with the murder of the secondary school teacher, Ms Colleta Amondi Ouda

According to her, the teacher was shot after one of two police officers responding to a burglary incident opened fire at Usigu market in Siaya County.

“A public inquest on the matter has been going on at the Magistrate’s Court but the ODPP has directed that it be withdrawn in favour of the murder trial,” she said.

In another incident, four police officers will be charged for assaulting AbdiIbrahim Noor.

The four, Festus Kiptoo Saina, Boniface Wambura Chacha, Joseph Mwaniki and Nashaon Adera will be charged for causing grievous harm to Noor.

Noor is said to have sustained a fracture in his leg during an arrest near Gateway Hotel, Garissa.

“Police officer Duncan Ndiema Ndiwa alias Champes will be charged with murder for shooting to death of 13-year-old Yassin Hussein Moyo,” Makori said.

 
 
 

She added, “The boy was shot while at the balcony of his parent’s home in Kiamaiko, Nairobi on March 30, 2020. The ODPP noted that the evidence is sufficient to sustain trials in courts of law”.

Makori said Ipoa supports officers in maintaining law and order but will not hesitate to act in accordance with its mandate, on the few bad elements that break the same laws they are supposed to enforce.

Yassin Hussein Moyo. One of the victims killed by police while implementing the curfew directives
Yassin Hussein Moyo. One of the victims killed by police while implementing the curfew directives
Image: COURTESY

Earlier on, the Authority said 15 Kenyans have lost their lives in the hands of police as they implement curfew directives.

In a statement on Tuesday, Ipoa said the 15 deaths are among 87 complaints against the police it has received since March 27, when heightened security measures were put in place to combat the spread of Covid-19.

Makori said the deaths were directly linked to the dusk-to-dawn curfew.

She said the complaints include deaths, shootings, harassment, assaults resulting in serious injuries, robbery, inhumane treatment and sexual assault.

“After preliminary investigations, 15 deaths and 31 incidents where victims sustained injuries have directly been linked to actions of police officers during the curfew enforcement,” she said.

Makori said all the cases are currently at different stages of investigations.

“Further, the Authority has dispatched Rapid Response teams to establish the circumstances that led to six other fatalities in the latest incidents,” Makori said.

According to the authority, any use of force that leads to death, serious injury and other grave consequences should be reported immediately to Ipoa.

“It shall be a disciplinary offence for a police officer to fail to report in accordance with these regulations. Following the orders of a superior is no excuse for unlawful use of force,” she said.


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