Tears of joy as six APs on death row win their freedom
Residents of Kawangware barricade the Naivasha-Nairobi road on March 11, 2010 as they protested the killing of seven taxi drivers. PHOTO | FILE
What you need to know:
- On Friday, the six policemen who were defended by lawyers Cliff Ombeta and Kioko Kilukumi, were spared the death sentence
A mother of 12 on Friday collapsed in court when six policemen sentenced to death two years ago for killing seven taxi cab men were freed by the Appeal Court.
Ms Mariam Rukia, the mother of Ahmed Mohammed Omar was carried out of the court by her relatives when she collapsed on hearing the ruling.
“I thank God as justice has been done at last. I agonised when my son was sentenced to hang December 18, 2012.
“I have lived, hoping that one day my son would be set free. Am extremely happy,” Ms Rukia said after recovering from the shock. Relatives of the other five men expressed joy at the judgment.
HANGMAN'S NOOSE
Mr Omar, was convicted alongside Ahmed Abdalla Shaffi, Michael Ngungu Lewa, Moses Lochich, Nelson Kipchirchir Too and Eric Ebere Melchizedek by Mr Justice Fred Ochieng who handed the mandatory death sentence.
Justice Ochieng rejected the policemen’s defence that they acted in self defence when they shot at the deceased at around 12.30am in Kawangware, Nairobi.
He, however, freed a seventh accused Mr Alex Muteti Mutisya saying the 28 prosecution witnesses did not link him to the deaths.
In his judgement, Justice Ochieng said the prosecution had proved that the officers shot dead all the seven taxi men on the night of March 11, 2010 along Naivasha-Nairobi highway at Kawangware.
However, on Friday, the six who were defended by lawyers Cliff Ombeta and Kioko Kilukumi, were spared the death sentence.
Appellate judges Appellate judges Erastus Githinji, Daniel Musinga and Jamila Mohammed faulted the trial judge for rejecting their unsworn defences.
“We are satisfied that the appellants’ defence that they acted in self-defence was improperly rejected because the learned trial judge did not apply the right test,” they said in the judgement delivered on their behalf Justice Patrick Kiage.
The Administration Policemen were accused of murdering Harry Gedion Thuku, James Mugweru Mwangi, Joseph Maina Mwangi, George Ng’ang’a Thairu, William Gitonga Njau, Joseph Ngugi Chege and Joseph Thiong’o Njoroge on the night of March 11 2010.
