Policeman gets 20 years for manslaughter

By Wainaina Ndung’u

An Administration Police officer who shot dead a patron in a bar brawl has been jailed for 20 years.

John Maina Mwangi, 26, was convicted of killing Samuel Muriithi Muriuki in Chaka township on November 18, 2009.

Senior Principal Magistrate Joshua Kiarie described the point blank shooting of the villager as "deliberate, malicious and unprovoked" in his ruling on Monday.

"That he went 20 feet away to their table and slapped him shows he was the aggressor. That he shot him twice removes doubt that it was not in self-defence," said the magistrate.

The magistrate observed that Muriuki’s colleagues, including his seniors Chief Inspector of Administration Police Johnson Maina and Inspector of Administration Police Anthony Gitonga tried unsuccessfully to plead with him not to shoot the man.

He also trashed the accused’s defence that he acted in self-defence after Muriuki fought and floored him then tried to snatch his gun.

Official duty

"He was not supposed to go to a bar with a gun. There was no official duty for it and it was not authorised," said the magistrate in his lengthy ruling.

According to evidence adduced in court, the officer walked into Makara Bar where the victim and other patrons, including his two seniors, were enjoying a drink on the night of November 18. He went and sat with his two seniors but was annoyed when the man walked over to speak to CIAP Ndegwa.

"He had slapped Muriuki who never fought or answered back," Ndegwa had said in his evidence.

Other witnesses, including Inspector Gitonga and Lydia Nyawira, a barmaid, told the court they thought the matter had ended only to see the accused walk outside and return three minutes later cocking his Ceska pistol and aiming at Muriuki.

Although his seniors pleaded with him not to use the firearm with Inspector Gitonga raising his hands and going on his knees, he still shot Muriuki twice in the forehead and in the chin, killing him on the spot.

The arresting officer who also testified in the case said the accused then walked into the nearby Kiganjo Police Station to report the crime, but tried to resist arrest once he was disarmed and informed he was to be locked up.

According to the autopsy report, Muriuki died from bleeding caused by gunshot wounds.

Monday’s sentence ended the security career of the youthful officer who had pleaded to be given a chance to serve a non-custodial sentence, saying he was newly married and had a two-year-old child.