Three APs accused of gun theft acquitted

Three administration police officers charged with stealing two G3 rifles with 40 rounds of ammunition have been acquitted by a Kiambu court for lack of evidence.

Moses Mugendi Namu, Philip Kamara Kariuki and George Kamunya Ngacha were set free by principal magistrate Ms C. Oluoch who said the prosecution failed to prove its case.

The court noted that the prosecution not only failed to prove the charges beyond reasonable doubt, but its witnesses adduced contradictory evidence.

The three denied that on the night October 13 and 14 in 2011 at Karia market in Kiambu County, they jointly stole two G3 rifles A3667458 and FMP393372 with 20 rounds of ammunition of 7.62mm each, all valued Sh189,350, the property of Kenya government.

Alternatively, the APs had been jointly charged with failing to take reasonable protection to prevent the loss of the two guns and 40 rounds of ammunition.

In her judgment, the magistrate noted that the serial numbers of the guns said to have been stolen differed with the ones that prosecution witness Inspector Adam Omar testified were handed over to him by the first accused.

The guns handed to him were G3 A3J52832 and G3 A36374596 each with 20 rounds of ammunition.

These were the guns and ammunition that the first accused person said were in his custody and which he handed over to his supervisor, Mr Omar.

Defense counsels led by Mr. Mbiyu Kamau submitted that the case was hinged on mere suspicion which could not lead to conviction and the evidence from the prosecution was contradictory and insufficient.

He observed that during the purported handing over and taking over of the guns no certificate was filled as required by law.

The witness, on cross examination, admitted that an officer could not have two sets of service numbers.