The High Court in Eldoret has issued warrants of arrest against two senior police officers for failing to appear in court to testify in a murder case against their colleague.
Presiding Judge Reuben Nyakundi directed that the District Criminal Investigation Officer (DCIO) Eldoret West effects the arrest warrants against Chief Inspector Paul Biwott and Corporal Andrew Limuli.
The two are key prosecution witnesses in a murder case in which Bernard Ndege, a police constable on interdiction is accused of shooting his wife four years ago.
The prosecutor Mark Mugun had informed the court that the two officers who were working as officer commanding station (OCS) and officer-in-charge of armory respectively at Soy police station at the time of the murder incident - had failed to honor the summons to appear in court to give their testimonies.
Mugun, who asked the court for an adjournment termed the snubbing of the court by the officers as taking the court’s time for a joke.
“I ask the court to formally issue warrants of arrest against the two officers who have shown reluctance to appear in court to give their testimonies,” Mugun told the court before his request was granted.
Before the adjournment of the case, Sergeant Jane Cheptoo, the investigating officer in the case told the court that the accused officer sprayed 11 bullets on his wife Fenny Bosibori, 42, killing her on the spot on the night of 9 and 10, March 2019.
Cheptoo testified that Ndege, 51, shot his wife using his assigned AK47 rifle which was produced as an exhibit in court, alongside the arms movement register.
She stated that the accused had been assigned a firearm by Corporal Limuli- the officer in charge- to work on patrol on a fateful night.
The court heard that Ndege had instead gone back to his house within the police station line and shot his wife multiple times - on the head, stomach, and thighs, killing her on the spot.
“The rifle had been loaded with 30 rounds of ammunition at the time it was given to the accused officer. However, 19 rounds were recovered after the incident,” the officer stated.
The court also heard that the couple’s 12-year-old son who is a key witness in the case was also present during the incident and was not injured.
“According to the son's statement which I recorded, he was taking supper with his mother when his father arrived and sprayed bullets at his mother. We found four spent cartridges in the house and seven of them outside the house,” Sergeant Cheptoo recounted.
During the previous hearing, Cosmas Ingosi said that after the incident, he had called the OCS who disarmed Ndege.
“I was at the report desk for my night duty when I heard several sounds of gunshots emanating from the police line. I waited until the noise subsided for fear of being caught up in the shooting, only to learn that my colleague had used his gun to kill his wife after a domestic row,” said Ingosi.
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The case will come up for mention on June 5, and the hearing on June 21, when more witnesses will testify.