Judge finds APs in taxi drivers shooting guilty
By - | December 19th 2012
By ISAIAH LUCHELI
The High Court has found six Administration Police officers (APs) guilty of murdering taxi drivers in Kawangware estate.
High Court Judge Fred Ochieng yesterday ruled that the APs had murdered the seven taxi drivers in Kawangware in 2010 and should serve a jailterm.
The judge said the prosecution had proved beyond any reasonable doubt that they had used excessive and unreasonable force on the drivers.
The court in October this year acquitted the seventh Administration Police officer, Alex Muteti Mutisya, who had been charged alongside Ahmed Mohammed Omar, Ahmed Abdallah Shaffi, Michael Ngungu Lewa, Moses Lochich, Nelson Kipchirchir Too and Erick Ebere Melchizedek, as he had not been issued a gun on the material day.
The six are accused of killing drivers on the night of March 10 on Nairobi’s Naivasha Road.
The ruling will be delivered today.
Ochieng’ said from the evidence adduced in court, the officers had a common intention of harming the taxi drivers as a total of 61 bullets were fired on that fateful night.
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The Judge dismissed the law enforcers’ defence that they had been shot at by the drivers after they declined to heed their order to surrender. Ochieng observed that if the drivers were armed and had engaged the police officers in a shootout, at least one of the officers would have sustained some injury.
He observed that the taxi drivers had sustained head and chest injuries, which was a clear indication that the intention of the officers was not to subdue and arrest the drivers but to kill them.
During the proceedings, the APs admitted in their defence that they had been issued with guns on that fateful night and had returned their firearms with fewer bullets than they had been issued.
The judge said although it was difficult to tell who fired the bullets that killed the drivers, admitted possessing guns. “They had common intention. It cannot be said they wanted to protect citizens as they spent 61 bullets on the fateful day,” he said.
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