Family to sue over girl’s killing

The family of a teenage girl killed by police in Kwale is preparing to sue the government with the help of civil rights group Muslims for Human Rights (Muhuri).

Veteran lawyer John Khaminwa will represent the family in the planned lawsuit over the shooting of 14-year-old Kwekwe Mwandaza a week ago.

On Thursday morning, the family members, led by Hussein Zani, an uncle of the girl, visited the offices of the Khaminwa & Khaminwa law firm in Mombasa Town to sign an affidavit in preparation for the court proceedings.

This comes as the Independent Policing Oversight Authority (Ipoa) confirmed that it had launched investigations into the shooting, which has caused national outrage.

Ipoa chairman Macharia Njeru said they would investigate the circumstances surrounding the shooting and come up with appropriate recommendations.

The authority is mandated to investigate any death or serious injury attributable to police.

FORMAL COMPLAINT

Meanwhile, the family’s efforts to file a formal complaint at the Samburu Police Station on Tuesday were unsuccessful after an officer told their representative, Mr Dickson Karisa Dalu, to "talk" to the station’s commanding officer.

“When I went to the OCS’s office, I found him in a meeting with the OCPD, and on returning to the reporting desk officer, he advised me to go to Kinango Police Headquarters to record a statement,” he said in a phone interview.

Mr Njeru said that depending on the findings, the oversight authority would recommend prosecution of the officers involved, internal disciplinary action, or compensation for the life of the girl.

He said investigators were already collecting evidence and all information considered necessary.

Mwandaza was shot dead when eight policemen stormed their home at Maweu Village.

COVER-UP CLAIMS

Inspector-General David Kimaiyo sparked an uproar when he said on Wednesday that initial investigations showed police fired in self-defence after the girl threatened them with a panga.

Thursday, Muhuri’s Rapid Response officer Francis Auma said they want the court to order the arrest of all the officers involved in the operation that led to the shooting of the Standard Four pupil.

“Since this incident happened, the police in Kinango Sub-County have been trying to cover it up by coming up with several theories,” he said.

Those expected to sign affidavits with the lawyer are the girl’s mother, Ms Umazi Zani Chinyama, an uncle, Mr Ndurya Zani, and an eight-year-old cousin, Mgandi George, who witnessed the shooting.

George has already recounted how the police took away the body after the shooting. The police had to follow bloodstains to trace the body to a local mortuary, where it had been taken after it was found in the bush.

WORKING PRO BONO

Speaking to journalists Thursday afternoon, Dr Khaminwa said the incident had touched his conscience and he was offering his services to the family for free.

“What I read and what I am hearing from the mother and the eight-year-old boy paints a gory picture of what happened to the innocent girl on the fateful day,” he said.

Earlier, the family, through Mr Hussein Zani, the girl’s uncle, expressed shock at the police insistence that the girl accosted eight armed police officers with a panga, and challenged them to produce it.

“We are hurt when we hear or see this in the media and we do not understand why the police keep on repeating this lie over and over again. As a family, we are ready to accept their apology provided they own up to it,” Mr Zani said.

Additional reporting by Angira Zadock