Police put to task over claims they killed Westgate attacker

Nairobi acting Deputy County Commander Moses Ombati. [PHOTO: STANDARD/ FILE]

BY FRED MAKANA

NAIROBI, KENYA: The alleged killing of one of the terrorists at Westgate Shopping Mall on September 21 generated a heated exchange between the defence and a senior police officer who led part of the operation during the attack in which over 67 people were killed and several others injured.

This is after Nairobi acting Deputy County Commander Moses Ombati in his testimony on Monday told court that few hours after the attack police killed one of the terrorists and recovered an AK47 rifle from the second floor.

However, he did not capture the same in a statement that he recorded outside the mall on September 24 few days after the attack.

Mr Ombati told the court that during the rescue operation they encountered one of the terrorists hiding in between mattresses and killed him after he shot and killed one officer and seriously injured five others.

He said they went with the firearm and left the body behind.

Lawyer Muriethi Mbugua for the third accused sought to know from Mr Ombati why he did not capture such sensitive information yet it was important for future investigations. He also alleged that according to Ombati’s statement there was no record of where the terrorists were hiding.

Mbugua also told court that Mr Ombati’s statement shows there was ‘chaotic withdrawal’ of police when KDF took over.

“I want to put it to you that your officers were killed by KDF soldiers and your team did not kill any terrorist,” Mbugua said.

Mr Ombati admitted that not everything was recorded. “After going through such ugly scene during the rescue it is possible that I would not remember everything, “ Ombati said.

Mr Ombati had earlier told court that he was in Kasarani when he received information via police radio call about heavy shooting at the mall. He said he immediately started to mobilise police thinking it was a normal robbery. However after getting briefings on police radio call about mass deaths and explosions at the mall he said he realised it was a terrorist attack.

“I was informed by my seniors to mobilise officers from Rece Company to assist in the operation and thereafter rushed to Westgate to assess the situation. As I approached the mall there was heavy shooting which prompted me and a team of ten officers form GSU and regular police to embark on a rescue mission from the uppermost floor of the mall,” Ombati said.

He said they managed to reach third floor where they found some bodies and hiding survivors. He said some of the survivors felt their presence but would not come out for fear of an attack by the gunmen.

Mr Ombati said all along shooting was coming from either the basement or the first floor and they decided to assign officers to guard all the rooms they had cleared.

“The exercise was smooth until we reached second floor where we saw two Nakumatt workers who escaped from first floor and ran to where we were. The two told them some of the gunmen were hiding in fridges on the first floor.

“Shortly after we started interrogating them as to where the attackers were hiding we were met by a hail of bullets from somebody who was hiding in between mattresses,” Mr Ombati said during the fierce exchange two Nakumatt workers were killed by the gunmen before they would rescue them.

He said once the officers locating where the attacker was they opened fire and killed him on the spot.

The Deputy County Commander said the gunman the officers killed was of Somali origin who was dressed in a white shirt, jungle-green trouser, black headscarf and was armed with an AK47 rifle which they recovered after the shoot-out in which one officer died and five were seriously injured.

Mr Ombati told the court that they retreated on realising there were no more gunshots and after he was informed by his seniors that KDF was taking over the rescue mission.

A Diplomatic police officer also testified on how he was shot four times by the terrorists during the operation to rescue the hostages. Hearing continues Tuesday.