KNCHR sues police over father, son's killings

By Evelyn Kwamboka

The police have been sued over killings of a man and his son in Kawangware, Nairobi.

Kenya National Commission on Human Rights (KNCHR) moved to court on Tuesday to seek justice for the family of Mr Ibrahim Ondego and his son Joseph Nyaberi, who were shot dead in the wee hours of the morning by police officers in November 2011. The commission wants the High Court to declare the killings a violation of their right to live as stipulated in the Constitution.

KNCHR also wants the court to compel Attorney General Githu Muigai, Police Commissioner Mathew Iteere and the two officers who allegedly committed the offence to compensate Ondego’s family.

Police officers, Mr Musili Kithome and Mr Simon Kikwai have been sued by the commission for allegedly shooting dead the two (related story).

KNCHR wants the court to order the AG and Mr Iteere to conduct a formal inquiry into the role of the police officers implicated in extra judicial killing and summary executions.

In the case, Ondego and his son had left their house in Kawangware at 3am on November 23 last year for Marikiti Market to buy groceries when they met the officers at bus terminus 46 in Kawangware.

The officers ordered the two who were unarmed to sit on the ground and they obliged.

Washed away blood

In the suit papers filed at the court’s registry, the officers shot Ondego six times, killing him instantly as the son begged them to spare his life. The officers allegedly turned on the 14-year-old boy and killed him using a single bullet.

The incident was witnessed by several people and four of them recorded statements with KNCHR. They positively identified the officers because they used to conduct patrols in the area.

At the scene of crime, a gun was found  besides Ondego’s body and Joseph had a panga. The commission claims the officers, poured water to wash away blood at the scene of the crime and took away the bodies using a private pick-up.

The commission’s secretary Mohammed Hallo said they filed the case after receiving a complaint regarding the two killings.

It is the commission’s case that shooting the two while they were not armed was cruel and degrading and if they broke any law, it should have been determined by the court in a fair manner.

By placing a gun and panga next to the bodies, the commission said the officers wanted to portray them as criminals.  The commission wants the court to order the AG and Iteere to retrain all serving and future policemen every after two years, on the Bill of Rights and policing.