Kwekwe: Officers found guilty of manslaughter

Police Constable Issa Mzee (right) and former Kinango DCIO Veronica Gitahi when they were found guilty of manslaughter yesterday. The two will be sentenced tomorrow. [Photo: Kelvin Karani/standard]

Two police officers charged with killing a schoolgirl in Kwale were arrested outside a court and locked up in police cells.

Veronica Gitahi, a former District Criminal Investigations officer for Kinango and Constable Issa Mzee were speechless as their former colleagues hauled them into cells soon after they were found guilty of manslaughter.

Justice Martin Muya ruled that although it was clear that the two were responsible for killing Kwekwe Mwandaza, there is no proof they intended to murder the 14-year-old Standard Six pupil.

The officers who have been free on bond, had began to walk away from the court after the verdict was pronounced but were seized by officers, after the judge re-read his judgement and cancelled the bond.

Justice Muya convicted Gitahi and Mzee after he found that they were negligent in using firearm against a child who should have been protected by any means as was required by the law.

The judge dismissed evidence by the police officers that they shot the girl in defence after she attacked them and cut the butt of an AK 47 rifle.

Justice Muya said their evidence that the girl attacked them was a lie because they did not demonstrate in the court that they saw the girl swing the panga when they shot her.

Justice Muya faulted the officers for going into the house where the deceased was sleeping with her siblings without vision goggles.

“If the girl really attacked these police officers they should have shot her arm and not the head and the chest. I have established they were not wearing night vision goggles which could have given them a view of the attacker,” said Muya.

Negligent police

He dismissed police evidence that they had done surveillance and established that Mandaza, who was wanted by the police, was in that house that day.

Muya said the killing of a child showed the police were negligent. “The police should have made every effort not to use a firearm against her because the law does not allow police use firearms against children,” said Justice Muya.

He regretted that the other police officers who were in that operation were not  charged alongside the two.

“I am satisfied the two officers were reckless and negligent...and have convicted them on a manslaughter charge, instead of the murder charge they had been charged with.”

Senior Assistant Director of Public Prosecutions Alex Muteti asked the court to treat the accused as first offenders.

He also asked the court to consider the effect the attack will have on the children who were with the deceased when the killing happened.

Mr Muteti said he would provide the court with witness protection statements from the children to prompt the court to give the accused a sentence that will serve as a lesson to other police officers who use firearms recklessly.

The judge ordered that the accused persons be remanded at Port Police Station until tomorrow when they will be sentenced.

The accused, who had earlier walked out of the court, were free for 20 minutes before they were recalled and had their bond of Sh500,000 cancelled.