Court finds police officers guilty of manslaughter in Kwale schoolgirl Kwekwe’s killing

The High Court in Mombasa has found two police officers charged with the murder of a 14-year-old schoolgirl, Kwekwe Mwandaza, in Kwale in 2014 guilty of manslaughter.

Justice Martin Muya said Wednesday that the offence of murder against Inspector Veronica Gitahi and Police Constable Issah Mzee had not been proved.

“I am satisfied the two accused were recklessly negligent in shooting in darkness,” said Justice Muya.

He added that it was not demonstrated that the two officers made any efforts to prevent the shooting.

The judge said if there was a panga that was swung by the deceased as claimed, she could have been shot at on the hand to disarm her.

Kwekwe Mwandaza was killed on August 22, 2014 in Kinango, Kwale County.

During the trial, the court heard that the accused were among police officers who were divided in two groups, one of which went to raid the house of a man suspected to be a criminal.

Justice Muya said he was of the view that the operation, led by Inspector Gitahi, a former DCIO in Kinango, was botched.

“I find there was gross omission on the part of the accused for failure to ascertain the occupants of the house,” said Justice Muya.

He said the accused should have established if there were children in the house before storming inside.

He noted that the evidence of one of the witnesses, whom the police had gone to look for, corroborated data from a mobile phone service provider that indicated he was in Kikambala and not in the village where the deceased was living on the fateful night.

In his judgement, Justice Muya further stated that none of the accused testified that they saw a rifle being cut with a panga.

An impact assessment statement will be produced in court before the accused are sentenced on Friday.