Two police officers have been cleared of wrongdoing following an incident in which two men were shot and injured at Merti, Isiolo County.
The investigation by IPOA established that Daudi Galgalo and Barak Halakhe were riding on two motorcycles, at about 4.30 am before they bumped into police officers.
IPOA said the duo had left Gafarsa, where they had taken a rest after the ride that had started at around 6 pm the previous day.
“They never made it to the intended destination because they ran into police officers who were travelling in a white vehicle,” IPOA said.
During interviews, they told investigators that they sped past the police vehicle after they heard gunshots.
They fell off their bikes as they sped off and Halakhe was shot on the back while a bullet hit Galgalo on the leg, causing a fracture.
The officers caught up with them, lifted them to the police car – an unbranded white Toyota Land Cruiser – and took them to Barmbate Dispensary.
Three of the four officers were in police uniform. They were later transferred to Isiolo County hospital.
The recommendation to clear the officers was informed by findings of an investigation by the Independent Policing Oversight Authority into the April 15, 2019 incident.
The case file containing the circumstances surrounding the shooting, findings and the recommendations, as well as other pieces of evidence, would be forwarded to the Office of the Director of Public Prosecutions (ODPP), for an independent review.
Due to the extent of the injuries sustained, Halakhe was later admitted to Meru Level Five hospital.
He was discharged after two weeks and placed in custody at Isiolo Police Station.
On April 23, 2019, and April 25, 19, they were charged at the Magistrate’s Court in Isiolo with trafficking bhang. They denied the charges.
One of the riders, in a statement to the Authority, indicated each of them was carrying 85 kilograms of bhang on their motorbikes, having purchased the consignment from a dealer in Moyale.
IPOA investigators further examined police reports, which indicated that acting on intelligence, the officers had left their station at Merti intending to arrest suspects who were transporting bhang, which was recovered in “thirty-six (36) bales.”
After six months of trial, Chief Magistrate SM Mungai found Halakhe guilty of the offence and sentenced him to 15 years in prison.
The sentence was reduced to six years on appeal while the other matter is pending at the court.
In its recommendations, IPOA also referred to the National Police Service Act, which in part says a police officer may use arms against “any person who by force prevents or attempts to prevent the lawful arrest of himself or any other person.”
The Authority also noted; “That the police officers were justified to shoot to immobilise the escaping suspects who were transporting narcotic drugs.”
