Court sits at Kwekwe’s home in Kwale as minors testify

Former Kinango Criminal Investigation Officer Inspector Veronica Gitahi (left) and Police Constable Issa Mzee at the Mombasa High Court in Mombasa County on Thursday 23rd April 2015 where the two are facing charges of killing 14 years old Kwekwe Mwandaza at Kinango in Kwale. The High Court later visited the scene as the two children who witnessed the murder of Kwekwe demonstrated to the court how police officers arrived at the scene and killed Kwekwe. [Photo/Kelvin Karani/STANDARD]

Kwale, Kenya - Two children moved the court as they narrated how 14-year-old Kwekwe Mwandaza was allegedly killed by police.

 

The hearing was conducted on Thursday at the site where the pupil was shot dead at night on August 22, last year, in Maweu village in Kinango, Kwale.

Kinango DCIO Veronicah Gitau and police constable Issa Mzee, are charged with the murder of the Class Six pupil felled by bullets last year during a police raid on her uncle’s house. Police initially claimed Kwekwe attacked them with a machete and wounded one before she destroyed a gun.

Two minors said to have been present at the time of the killing said incessant pleas from Kwekwe to have her life spared, fell on deaf ears.

“Kwekwe aliwauliza polisi, mnatafutuna nani? Mjomba ama nani? Ikiwa ni yeye hayupo, yuko kazini (Kwekwe asked the police, who do you want to see, if it's my uncle, he is away at work),” testified a boy overwhelmed by emotions.

Taking position as the eighth and ninth witnesses respectively, the children regretted that the case has dragged in court since August last year.

“Tulisikia mlango umefunguliwa kwa kishindo sote tukaamka, Kwekwe ndiye aliyesogea mlangoni (We heard a bang on the door that awakened us, and it is Kwekwe who moved closer to the main door,” continued the minor.

Gitahi and Mzee suspected to have fired the killer shots accompanied the prosecution and the defence to the remote village as the court visited the crime spot.

High Court Judge Martin Muya presided over the hearing as the two sides cross-examined the minors.

An earlier postmortem revealed that two bullets shattered Kwekwe's skull.

Interestingly however, initial statements by the police had painted the girl as a vicious attacker who had wanted to harm the officers. Even the cause of her death was registered as cardiac arrest despite the revelation that her brains had been blown out.

Lawyer Cliff Ombeta representing the two accused officers was content with the pace the case was taking.

“The prosecution had requested the court to visit the crime scene. Sometimes when people talk about a certain place it becomes necessary for the court to visit the area, we also can’t complain about the pace the case is taking,” said Mr Ombeta.

A visit to the home stirred emotions of the family. “I am encouraged to see the court coming to see evidence that indeed my daughter was murdered, she was my only child and even today I feel the gap,” Kwekwe’s mother, Umazi Zani, said.

“Although I am still waiting for justice to be served, today’s visit only opens the wounds which were slowly starting to heal,” she added.

The house where the killing was committed is currently unoccupied.

The holes created by the bullets are still evident, although the rooftop of the house is slowly pulling away.

More witnesses are expected to testify tomorrow at the High Court in Mombasa.

The killing of Kwekwe sparked anger and condemnation from human rights groups across the country.