- The court also considered that the man did not express remorse for his actions in October 2017.
- It regretted that Gulicho disregarded his duty to protect the public and ended up injuring a civilian by carelessly discharging his firearm.
On October 1, 2017, Corporal Adan Boru Golicha was driving along Meta Meta Central Road within Meta Meta Market in Mandera, when another vehicle rammed into his rear.
As would be the likely reaction, both drivers stepped out of their vehicles and an altercation ensued catching the attention of curious persons.
The word exchange escalated into violence, as the officer, who was in civilian clothes, took out a pistol and fired six shots hitting two people.
Yusuf Ali Adan, who was carrying out his business at the market where he was a loader, was hit twice in the face and thigh.
He was rushed to the hospital but he succumbed to the injuries while undergoing treatment at Mandera Referral Hospital.
Another civilian, Ibrahim Ibrein Adan was wheeling a wheelbarrow along the road when one of the bullets hit him in the thigh.
Ibrein was rushed to Blue Light Nursing Home and later admitted to a Nairobi hospital where the bullet was removed.
After the shooting, Golicha went back to his vehicle and drove off to Mandera Police Station where he was based and was in charge of the armoury.
The incident drew the attention of the Independent Policing Oversight Authority (IPOA) which launched an investigation.
The investigations directed the Authority to Golicha, who was then arrested and charged with the murder of Adan and causing grievous harm to Ibrein.
The trial began and during a sitting at the Garissa High Court on September 12, 2023, the court found the officer guilty of the grievous harm charge.
During his mitigation,Gulicho prayed for a non-custodial sentence so he could come up with a way of dealing with Ibrein's family in terms of compensating for the injuries caused.
While delivering its sentencing on Monday, October 30, the court considered the same, including that he was a first offender.
It also considered that the man did not express remorse for his actions in October 2017.
The court regretted that Gulicho disregarded his duty to protect the public and ended up injuring a civilian by carelessly discharging his firearm.
"His unlawful conduct has now incapacitated the victim and subsequently led to the suffering by the victim's family that was occasioned by the injury suffered," IPOA quoted the court ruling in a statement.
The court sentenced Gulicho to five years imprisonment, after taking into consideration the time he spent in custody pending the verdict.