Who ordered the killing of Chemorei?

By Alex Kiprotich

When the news of the killing of Erastus Kirui Chemorei hit the headlines six years ago, the country was made to believe he was in the police most wanted list.

The police went to great lengths feeding the public with propaganda that he had been the architect of robberies and killings in Kitale. Chemorei was a senior General Service Unit officer.

What the public was not told is that at the time of his killing, Chemorei was keeping custody of the key to the store where the Sh6.4-billion cocaine haul that was seized by police in a private villa in Malindi was kept. This fact was known in top security circles.

In an investigation by KTN, Chemorei came into the limelight when together with then GSU commandant Lawrence Mwadime and Assistant commandant and current Police Commissioner, Mathew Iteere, were mandated to keep safe custody of the cocaine – the biggest ever netted locally.

According to sources, Chemorei who was an adjutant at the GSU Training School, Ruaraka, was picked because he was seen as honest, secretive, and trustworthy. These attributes would lead to his brutal murder at the hands of those who had theirs firmly fixed on the haul.

Witness account

As soon as Chemorei took up the new duty he became a hunted man. He found himself being given compulsory leave from time to time. According to documents, the officer was told to proceed on leave in December 10, 2004, February 1, 2005, February 8, and February 17.

His family members and other people close to him at his Kitalale home said Chemorei was a disturbed man.

"We did not know what was going on. He said some people were after him but swore not to co-operate with them," said Dorothy Cherop, a neighbour and family friend.

This fear was confirmed when on February 19, 70 police officers led by then area DCIO, Julius Sunkuli, OCPD Augustine Kimantheria, and DC Christopher Musumbu surrounded his house.

According to witnesses, who The Standard On Sunday tracked down and talked to, the events that followed the arrival of the police at Chemorei’s homestead could easily have been taken from a page torn off the script of a Hollywood blockbuster.

Abubakar Latama says he had just concluded a deal to buy a cow from Chemorei when they heard vehicles roaring near the gate of the deceased.

"We had just finished taking tea and after I handed him Sh8,500 for the cow I had bought from him (he needed the money as his son had been sent home from school because he had not cleared his fees), he led me outside to where the cow was," he said.

Police vehicles

"We were walking to where the cow had been tethered, some few metres away from the house, when the police vehicles pulled up outside his gate.

"We saw many officers disembarking and taking positions around the barbed wired fence as others entered the compound and headed towards us. We turned back and went to meet them," Abubakar says.

He said as they approached the police officers they were ordered to sit down. No greetings were exchanged.

"Chemorei seemed to know them because when the officers told us to get down, he asked them what the problem was. After being informed that they had come to do a search, he told the one who was speaking, "If there is an issue you should have called me to the office, but was told to shut up," said Abubakar.

Chemorei’s son, Elijah, who was also present, said he saw Land Rovers approaching his home, but he thought they belonged to the GSU.

"I was used to vehicles coming to our home when they came to pick my father. I did not think it was anything strange until officers disembarked with their guns and surrounded our house," he said.

Elijah recalls that the officers went straight to where his father and Abubakar were and told them to sit down. A few minutes later, his father was led away while Abubakar was told to lie down as officers descended on him with kicks and slaps.

"I heard the officer who was in plain clothes ask my father where the key was. When he asked him which key, he hesitated and said ya choo," he said.

Elijah says there was an argument between his father and the officers who were asking for a key and every time they were given a bunch of keys they said, "Sio hizi!"

He said some more officers were allowed into the compound and went inside the house and shortly came out with his father’s pistol, which was handed over to the man who was interrogating his father.

He recalls that while other officers were still searching the house, the officers guarding his father started debating whether to leave him as they led him towards the fence.

"Some were saying let us leave him, while some said let us shoot him. Finally one of them shouted, "Shoot him!" And they started shooting," says Elijah.

Abubakar says as he lay on the ground, writhing with pain after the beating, he heard someone bark the order; "Shoot!" and gunshots tore the air.

"I heard the shots and I knew my friend was being shot as I heard officers saying, "Amepatikana leo."

When The Standard On Sunday retraced the events of that day, it found out discrepancies from the statements of the officers who participated in the operation termed ‘Special Operation at Virunda Area’.

Daniel Maiyo, who was stationed at Kapsowar police post and who was among the officers in the said special operation, says in a statement that after arriving at Chemorei’s home, they found the OCPD and two other people they did not know.

He said the DCIO, Julius Sunkuli, told them to remain outside as he entered the compound, he shortly returned, and ordered them to search the house.

The officer says they found two bullets, handed them over to Sunkuli, and continued searching. But as they went on with the search they heard gunshots. When they came out they saw Chemorei lying dead about 30m from his house.

Besides the body, as they would verify later, were three AK 47 guns, three magazines, and 62 rounds of ammunition.

Another officer, Kimantheria, in his statement, says he was told there were gangsters who had escaped from Chemorei’s house, and he decided to follow them. But when he could not find them he headed towards the suspect’s home.

He said a few metres from Chemorei’s gate he heard gunshots, which lasted for about three minutes. When the gunshots stopped, he saw Chemorei’s body on the ground. He was told he had attempted to flee after being found with guns.

He said the guns found were AK47s serial numbers: 56-128132564, 1960 xa5207, and 386056367017 and 62 rounds of ammunition and a bayonet.

Sunkuli says in his statement that after the guns were found in Chemorei’s compound, Chemorei tried to flee and when cornered he attempted to grab a gun from a police officer hence he was shot.

But the statements of officers who were in the operation contradict Kimantheria and Sunkuli’s statements. Bernard Cheruiyot, a police officer, states that Chemorei co-operated with the police and did not attempt to run as indicated in the OCPD and DCIO’s reports.

"I heard the voice of the DCIO who was outside the gate say, "Simama!" Immediately officers opened fire. I never saw him jump over the fence."

Another officer corroborates Cheruiyot’s statement. Jackson Cheruiyot says when they arrived at Chemorei’s house they found the OCPD in company of two other people inside the compound.

"On arrival at Kitalale Phase Three, we met the OCPD and men whom I do not know. The OCPD pointed at the house and told us to search it," reads the statement by the officer.

According to Silvanus Madegwa, the officer in charge of the storage of firearms at Kitale Police Station, after all the guns used in the operation were returned, two G3 rifles serial numbers 96927730 and 97085599 assigned to PC P Kibor and Cpl J Cheruiyot, were missing.

Another report by Geoffrey Mwema Njukia of Kitale Police Station, details the number of police officers who had gone for the operation and ammunitions expended.

"When the police officers who had gone on the ‘special duty’ at Virunda area returned, the following men had expended the ammunition as follows: David Kiprotich one, Bernard Cheruiyot three, Philip Kibor four, David Nthiri three, Daniel Maiyo five, David Kuura three, Timon Barno one, Michael Kipkosgei four, Moses Cherono one, Wilson Ng’eno three, Paul Chelanga six, and Kipchumba Deketet five," reads the report.

And though the police say they had killed a most wanted criminal, the family of Chemorei and neighbours say the officer was not a criminal and was executed for other reasons.

"My husband was not a criminal and he was a man who had worked so hard for the Government. They had other reasons for killing him," says Judith Chesoi, Chemorei’s widow.