• The court questioned what the student was doing inside Tsavo National Park in the wee hours of the morning he was shot.
• The three KWS officers based at Mtito Andei who were on duty when the young man was gunned down were set free by the court.
Image: VERONICA NTHAKYO
Makindu Law Courts in Makueni on Wednesday ruled that the shooting to death of a Form 4 student by Kenya Wildlife Service rangers at Tsavo National Park four years ago was justified.
The deceased, Benedict Kyule, was 17 years old at the time of the incident and a student at Kiuani Secondary, Kibwezi East subcounty.
Makindu Senior Principal Magistrate Benson Nyaga Ireri said there was no evidence to prosecute the three KWS officers involved in the shooting of the minor in 2019.
After four years of investigations and conducting of a public inquest into the fatal shooting, the court closed the file and ruled that the officers acted legally in killing the boy.
The three KWS officers based at Mtito Andei who were on duty when the young man was gunned down were set free by the court.
The killing happened at Komboyoo area. A total of 11 witnesses testified during the public inquest.
The witnesses included the deceased’s father, Kioko Muli, and three officers, Ibrahim Godana, George Otieno and another officer only identified as Kitheka.
Magistrate Ireri while delivering the judgment said the deceased was inside the park, accompanied by unknown poachers who might have escaped during the shooting.
The inquest report said four spent cartridges from and a homemade gun allegedly used by the poachers were found at the scene of crime.
The report, however, said there was no proof that the gun in question was used by the deceased.
"It was during their patrol within Komboyoo section, Tsavo West where the officers were forced to take cover at the place where wild animals frequently take water after they encountered gunshots fired at around 3am for their own safety and wild animals," the Magistrate said.
While considering the circumstances under which the shooting occurred, the magistrate stated that the court did not find any unlawfulness or excessive use of firearms by the officers.
"My findings are that I didn’t find any omissions or unlawfulness in use of excessive force by the three KWS officers. It is unfortunate that the deceased caused his own misfortune and unfortunate demise inside Tsavo National Park at the wee hours of the morning,” he ruled.
The court questioned what the student doing inside the park at such wee hours of the morning.
"In another statement from the side of the local chief, he revealed to the court that the boy was a frequent visitor to the park and he would often hunt dik-diks. The court finds that the shooting that happened at night, the rangers were shot at in the dark, what were they supposed to do? the magistrate posed.
"Therefore, in my consideration the three rangers acted lawfully to safeguard their lives and the wildlife. They didn’t deliberately or intentionally cause the death and I direct this file be closed for further action,” he ruled.
However, shortly after the court session, the deceased’s father Muli expressed dissatisfaction with the court ruling saying the court failed to disclose whether the boy had a gun.
“My son was a firm believer who never missed church. He was more into education, if he had no knowledge of using local bows and arrows how could he use a gun which is technical ?” Muli questioned.
Family lawyer Mutinda Kimeu said they were dissatisfied with the ruling and they will appeal the decision immediately.
"The three officers acknowledged to have killed the boy. There was no connection between the gun recovered and the deceased. Justice has not been served. We will appeal in high court,” Kimeu said.
Also, the grey areas spotted in the case identified were the dates the boy was killed.
A postmortem report from Makindu level 4 Hospital stated that the boy died as a result of excessive bleeding linked to gunshot wounds on the chest that went through the lungs.