Yassin Moyo: Sisters give tearful testimonies for slain brother in murder hearing

The sisters of Yassin Moyo — who was felled by a police bullet in 2020 — on Wednesday rendered tearful testimonies as they recounted her final moments before the deadly gunshot.

Yassin, then aged 13, was killed on the evening of March 30, 2020, by a bullet allegedly fired by a police officer who was enforcing a curfew.

The trial hearings began at the Nairobi High Court where the sisters, Aisha Hussein and Hawa Hussein, took to the dock to testify.

Hawa told Justice Lillian Mutende that everybody was in the sitting room at their house in Kiamaiko, Huruma that evening when tragedy hit.

Their neighbour, Ake Hassa, then walked into their house seeking to get back the phone she had earlier brought to be charged.

The house is a two-storey building with a sitting room on the ground floor. The first floor has the children's bedroom and the parents, Hussein Moyo and his wife Hadija Hussein, have their bedroom on the second floor.

Yassin was sent to get Hassan's phone which was charging in the parent's bedroom. Upon returning, Yassin said there was chaos outside. Police were chasing those who defied the curfew deadline.

"We all went upstairs to the balcony to see what was happening," Hawa said. 

Outside was a group of police officers, some in uniform. They had guns. They talked briefly before breaking into three groups.

"One officer, however, came our direction and flashed what looked like a torchlight at us. It was green," Awa said.

"Shortly after, we had a gunshot and my mum told us to lie down. It was at that point that Yassin said he had been shot," Awa said, fighting back tears.

"My mum told him to get up and get into the house but he said 'I swear by God, I've been shot," Awa continued with tears freely flowing down her cheeks.

The judge asked her to stop, relax and get composed before proceeding.

The same scene played out when Yassin's elder sister Aisha was testifying. Aisha said she held Yassin after he said he had been shot and confirmed to everyone that the boy had been shot.

"The gunshot left a round wound on the left of his stomach, which I could feel with my finger," a tearful Aisha narrated.

She took a two-minute break before continuing with her testimony.

Aisha said she carried Yassin downstairs to the sitting room where neighbours flocked. He was then rushed to hospital.

"It was the last time I saw my small brother alive. He did not make it," Awa said in her testimony amid sobs.

Defence lawyer Danstan Omari, however, tore into the evidence saying police were working under very difficult and risky circumstances that required utmost alertness in enforcing curfew rules in the area.

He said Kiamaiko is a slum area where thugs live and that police could not take any chances.

The two sisters had testified that eight people, including Yassin, his mother, two sisters, two younger brothers and the neighbour Hassan and Hassan's son were at the balcony at the time of the shooting.

Yassin stood on a chair stuffed with pillowcases, making him the tallest on the balcony.

"I therefore put it to you that Yassin became a threat to the police officer because he was like a sniper," Omari said.

But both Aisha and Awa rubbished the claim, saying their brother was not a threat to anyone.

Omari also claimed Yassin could have been hit by a stray bullet given there was chaos outside and police could have been engaging gangsters in a shootout.

Aisha was particularly asked about the statement she recorded with the police on April 2, 2020, in which she narrated that police were chasing people who were still outside past the curfew deadline.

She however denied that police were chasing anyone.

"So you mean to disown your statement," Justice Mutende asked Aisha.

The witness however confirmed she wrote the statement herself although she could not recall if police were chasing any people.

Hearing continues.