Former Makueni Senator Mutula’s bodyguard gets 3 years over unlawful shooting

The Makueni laws court today granted a former bodyguard to Makueni senator Mutula Kilonzo junior a 3-year non-custodial sentence following gun drama that ensued on September 23, 2014.

The gun drama happened at the Makueni County Assembly premises and left several people nursing gun wounds.

The accused, Shadrack Kioko, an Administration Police officer among other three police officers had been charged before the same court.

However, the same court later acquitted his fellow three police officers; Ndunda Muthoka who was attached to then Makueni County Assembly Speaker, Francis Daido, bodyguard to then majority leader Francis Mutuku and Lumbu Musyoka, a security officer assigned to the immediate former Kaiti constituency MP Richard Makenga.

On December 19, 2018, Mr. Kioko was convicted for unlawfully shooting at close range and wounding Mr. Brian Mutua, an assembly orderly.

While convicting him, through Senior Principal Magistrate James Mwaniki, the court had found that although other bodyguards had opened fire to the crowd that had accompanied Governor Kivutha Kibwana to the assembly, Kioko was reliable for shooting and injuring Brian Mutua, an assembly orderly person.

The court also found that opening fire by the other bodyguards was right to disperse the crowd that was finding way to the assembly since it was posing a security threat to a meeting confined by some Makueni politicians.

Others wounded were William Kinoti (Kibwana’s bodyguard), Festus Nyamai, Francis Mutisya, and Yakob Bule.

On that Wednesday, December 19, Kioko pleaded with the court to have mercy on him and not to be given a custodial sentence since he needed time to nurse his old, sickly father and care for his two young children. This was considered when a probation report by Rosemary Mwalewa was presented before the court today.

Shortly after mid-day, the case was moved to the Senior Principal Magistrate’s chamber (SPM) where the sentencing occurred.

After considering the recommendations from the pre-sentence report, Mr. Mwaniki in a span of 10 minutes had granted him a 3-year non-custodial sentence in the range of community work.

While on probation, he will receive advice and counseling.