Blow to family as former Bondeni OCS cleared in 2022 murder of teenager

The former Officer Commanding Bondeni Police Station (OCS) has been cleared of any involvement in investigations into the 2022 murder of a teenage girl.

Justice Joseph Sergon closed the criminal file for the murder of Whitney Atieno against Chief Inspector Eric Wekesa for lack of evidence.

The ruling followed an application by the Office of the Director of Public Prosecutions (ODPP), dated July 27, 2026, seeking to withdraw the murder charge against Wekesa.

The judge allowed the prosecution's application and ordered that the police officer be refunded his cash bail.

"The application by the prosecution is allowed. The suspect is discharged," ruled Sergon.

In the application, the prosecution, through Deputy Director Tom Imbali, told the court that the evidence was not compelling enough to prefer a murder charge against Wekesa.

The ruling is a blow to the family of Atieno, who was allegedly shot dead on June 12, 2022, by the police during a patrol at Lakeview Estate within Nakuru County.

It comes just five months after ODPP withdrew a case for the shooting and injury of Ruth Waithera, then 18, during the same incident that Atieno was killed.

Wekesa had been charged with grievous harm: “During the incident, the officer shot and killed Atieno, then 19, before the same stray bullet injured and fractured Waithera’s left arm, causing permanent damage,” read the charge.

State counsel Brenda Parklea said they would pursue an inquiry case rather than a grievous harm case because the evidence was insufficient to charge Wekesa.

Despite opposition from the family lawyer and the human rights groups, the court allowed the case to be withdrawn.

“The prosecution has the powers to charge and withdraw the case based on the evidence in their possession. This matter is marked as withdrawn, and the accused is discharged,” ruled the court.

The two teenagers were caught in a crossfire when the police were carrying out a crackdown against the ‘confirm’ gang.

Atieno is said to have been shot on the chest and succumbed to the injuries while undergoing treatment.

The two cases were filed in October 2024, two years after the incident, following pressure and protests from family members and residents.

The two Form Four candidates were heading to a salon when they were caught up in the crossfire between the police and suspected gangsters.

Out of curiosity, they peeped from the salon before walking out, only for a stray bullet to hit them, killing one.

“The police attracted the attention of the residents. When we walked out of the salon to see what was happening, my sister and my friend were shot,” said Atieno’s sister, Roselinda Apondi.

She said that her sister cried for help, but the officer who allegedly shot her not only ignored her but became arrogant when the resident protested.

“He wanted to beat a neighbour who demanded that he take my sister to the hospital. He arrogantly asked us to fuel his car or use a motorbike to rush our sister to the hospital,” she said.

John Macharia, a bodaboda operator, said that Atieno was next to him when she was shot.

“The police came. The officer took off his pistol and shot. A stray bullet hit a girl next to me, and she called on me to help her,” said Macharia.

Their foster mother, Rebeca Bulimo, described Atieno as a calm, well-behaved, disciplined and friendly daughter.

The autopsy revealed that Atieno died after losing a lot of blood following the shooting incident.

David Kuria, the Director of Nakuru County Human Rights Network, said justice had been denied four years later.