Two to hang for killing policeman in poll upheaval

By Peter Mutai

As the country’s political leadership bickered over where and how perpetrators of post-election violence would face justice, two youths were sentenced to hang for killing two policemen at the height of the electoral crisis.

Robert Kemboi and Kirkland Langat became the first convicts for post-election offences. They were convicted and sentenced to death by Kericho High Court judge Mary Ang’awa for the murder of two police officers.

But it is probable the duo could spend a lifetime in jail as executions have not been conducted in Kenya for two decades. And how did the police officers meet their death?

Peter Githinji and David Odhiambo had been assigned to escort Safaricoms official on assignment in Kisii District. They were escorting a vehicle belonging to Link Soft Communications Company on December 31, 2007, when they ran into a rioting mob at Roret Trading Centre.

Githinji was a constable in the regular police force while Odhiambo was an Administration Police officer.

Cocked guns

As they approached the mob, the officers cocked their guns and began firing in the air. Within no time, they ran out of ammunition and decided to flee to safety.

The crowd gave chase, caught up with them and lynched them. The driver of the vehicle was beaten senseless. Among the mob was Kemboi, a gardener who had taken leave from his employer in Buret and travelled to his Nandi District to vote. Langat was a driver.

A pistol belonging to one of the slain officers was traced to Langat who had hidden it in a fertiliser bag.

Safaricom managed to trace Kemboi to his employer in Buret using a mobile phone belonging to one of the officers. He had resumed job on January 1, 2008, after the chaos subsided.

The two denied the murder charges. The prosecution led by senior State counsel Richard Koech brought 18 witnesses including a ballistic expert and a senior manager with a mobile service provider who helped in tracing the officers’ hand sets.

While sentencing the two, Justice Ang’awa said the prosecution produced sufficient evidence that linked the two to the murder.

Stolen fire arm

"The prosecution proved to court during trial that the two officers died as a result of the post election violence," she noted.

The trial judge observed that Langat alias Araf, who was represented by lawyer Erastus Orina, was found in possession of the stolen firearm.

She observed that Langat knowingly handled the pistol, which was in the hands of one of the officers and later stashed it in a sack of fertiliser at the home of one Richard Cheruiyot.

Cheruiyot was a parliamentary aspirant in Bureti constituency during the 2007 General Election but lost in the ODM nominations.

"This court can only presume that the possession of the gun knowingly and without any reason is enough ground to say that he participated in the murder of the two officers," she noted. Testifying in the case, Cheruiyot said he was forced to flee his home due to insecurity and went to reside in Kebeneti village in the neighbouring Belgut constituency.

Received phone call

He had told the court that while in Kebeneti, he received a phone call requesting him to go back home and negotiate with people who had gone to torch his house.

Cheruiyot said when he arrived home; he found neighbours had detained four people who were among the arsonists.

"I interrogated them and decided they go free after they asked for forgiveness," he testified.

Cheruiyot claimed he later found the firearm hidden inside one of the bags containing fertiliser in a room where the four had been detained.

"I called the area District Officer to inform him of the news, and he later went to the homestead to collect the weapon," he said. But in his defence, Langat said although he was among the four people, he went to the homestead to quench his thirst.

"Yes I was there but my mission was to ask for drinking water but a woman raised the alarm," he said

Kemboi was linked to the murder of the two officers after he was found in possession of a phone belonging Paul Kiiru Wachira, the driver of the truck the officers were escorting.

Not before court

"Possession of the cellular phone with no reasonable explanation can only be presumed that the said accused knowingly handled and did take part in the said murder with others not before court," Justice Ang’awa observed.

Defending his client, Lawyer Wilson Kiprono in his submission had told the judge that the evidence adduced was circumstantial.

"My client was implicated in the matter on grounds of circumstantial evidence," he argued. Dr Michael Kagure who performed post mortem examination on the bodies said the deceased suffered severe blows and multiple wounds and deep cuts on the skulls.

"The injuries were inflicted by sharp objects causing excessive bleeding," said the pathologist attached to Nyeri Provincial General Hospital.

Mr Robert Ng’ang’a, an employee of Safaricom Limited, gave information about a phone SIM that was used on the cellular phone stolen from the truck driver.

Mr Alex Mutinda, a ballistic expert confirmed that the firearm recovered from Cheruiyot’s home belonged to the slain officer and that it was capable of firing.

The two have 14 days to appeal against conviction and sentence.

 

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