Kenya Wildlife Service officer gets five years in jail for shooting and killing suspected poacher

A Kenya Wildlife Service (KWS) officer was on Friday 10 sentenced to 5 years imprisonment by Nakuru High Court after he was found guilty of shooting and killing a suspected poacher at Olpito village in Narok north.

The officer, Lesire Ole Kipees according to court’s statement had gone to deal with an issue of poaching on November 15, 2009 and found the suspect Obuba Osongo who turned violent when he attempted to arrest him.

According to the accused statement during his defence, the deceased had a panga during the material day and he was swinging it at him prompting the officer to shoot in the air for self-defence but unfortunately shoot the deceased in the head killing him on the spot.

Nakuru High Court Lady Justice Maureen Odero in her judgement said the accused was a trained officer and knew how to use the rifle and also had other options other than using his rifle instantly.

“The KWS officer is trained and knew how to use his rifle. Even if the deceased was armed with a panga, the accused had other options including running away or calling for assistance from nearby people. Shooting must be used as the last option. I do not believe the accused acted on self-defence and therefore I convict him of manslaughter,” said Ms Odero.

In mitigation, Ole Kipees told the court that he was remorseful and pleaded with the court to be lenient in delivering of its judgement.

“I am remorseful for my actions. I am totally in charge of my children after we separated with my wife and therefore I plead with this court for its leniency in delivering judgement. I request that I be granted to serve my sentence outside prison so as to attend to my family,” Ole Kipees told the court.

Ms Odero said she had considered the accused mitigation and the prosecutions report that the accused had no previous criminal report.

“This court has considered the accused mitigation and treats him as a first offender. The actions of the accused led to loss of human life and therefore the accused is to serve 5 years in prison,” ruled Ms Odero.

The officer has 14 days to appeal the court ruli