Officer charged afresh in poll violence killing

The death of two during the 2007-08 post-election violence has come back to haunt a policeman acquitted in 2010.

Police Constable Edward Kirui, who walked scot-free after the court found he was not guilty of murdering a protestor, was back in the dock to face charges touching on another victim who a judge failed to give a verdict on.

Monday, Mr Kirui was charged with the killing of a Tanzanian, Ismael Chacha, before High Court judge Jessie Lessit, a few days after the Court of Appeal ordered for his arrest and retrial.

Kirui denied the charge and was remanded for seven days to enable police carry out more investigations into his conduct.

The accused, expected back in court on November 3, was charged that he killed Chacha on January 16, 2008 at Kondele Estate in Kisumu County.

In his bail application, Kirui through lawyer Charles Okech, told the court he was arrested on October 17 after the Court of Appeal delivered its verdict and has been at Muthaiga Police Station since then.

The father of two said if he is not granted bail, the essence of the trial would be defeated as he would have already served prison time for an offence he did not commit.

Kirui had walked to freedom after Justice Fred Ochieng' found there was a mismatch by one digit in firearm serial numbers. The verdict indicated Kirui's AK-47 rifle serial number 23008378 was different from a similar gun number 3008378 that was examined and identified as having shot Chacha and William Onyango.

However, the Attorney General's office moved to appellate court where it ordered for a retrial on Chacha's murder after evaluating submissions by counsel.

The deaths occurred during protests over the disputed 2007 General Election.

The court heard that on the day of the said offence, Kisumu residents held anti-Government riots. The police tried to disperse a group of youths in the riots.

Kirui allegedly shot haphazardly causing the deaths. One person died on the spot while the other died at the Nyanza Provincial Hospital.

Monday, the prosecution argued that because the matter had occurred at Kisumu they needed to prepare a comprehensive report.

The prosecution said the judge who acquitted Kirui on one count did not deal with the second which he is now being tried with.