Joshua Waiganjo a free man 7 years later for lack of proof

Joshua Karianjahi Waiganjo shot into public limelight in 2013 after he was arrested for allegedly impersonating a senior police officer.

In the days following the arrest, the public was fed with all manner of information regarding the operations of the man then referred to as a fake police officer.

There was public dismay when Kenyans learnt that Mr Waiganjo, accused of masquerading an assistant commissioner of police, flew in police helicopters and was chauffeured around in the service’s vehicles, disciplined junior officers, engineered transfers and arrested suspected offenders.

There were pictures of him leading police operations and even inspecting guards of honour in full uniform with insignia corresponding with the position of Assistant Commissioner of Police.

The revelations saw police bosses, including then Rift Valley provincial police officer John M’mbijiwe and the Anti-Stock Theft Unit commander Remi Ngugi interdicted and charged alongside Mr Waiganjo.

EVIDENCE

From the evidence that the police presented to the court of public opinion, the three were tried and convicted of the offences that they were accused of.

But on Friday, seven years after that dramatic arrest, Mr Waiganjo is a free man after a Nakuru court acquitted him of the charges yesterday.

Observers are wondering what went wrong after the much-publicised arrest and the confidence exhibited by the prosecution.

Nakuru Resident Magistrate Joe Omido ruled on Friday that the prosecution did not bring sufficient evidence to establish a prima facie case against the three suspects.

“If the accused persons were to be placed on their defence on any of the charges that they are faced with, there will be no basis upon which any of them can be convicted on any of these charges if they were to offer nothing in defence,” ruled Mr Omido.

CHARGES

The suspects, who were jointly charged in 2013, denied seven charges, including abuse of office and impersonation.

Mr Waiganjo was charged with impersonation by masquerading as an assistant police commissioner on diverse dates between June and December 2012.

He was accused of presiding over a Kenya Police Reservist graduation ceremony by inspecting a guard of honour at Londiani on September 14, 2012. Mr Waiganjo was further alleged to have, on December 9 the same year, presented himself as a police officer and arrested people from two hotels in Njoro sub-county.

Mr M’mbijiwe and Mr Ngugi (now deceased) were charged with abuse of office for allegedly allowing Mr Wanganjo unlimited access to police resources like motor vehicles and helicopters.

The prosecution lined up 40 witnesses, among them senior police officers, others who “worked under Waiganjo” as well as civilians who interacted with him in one way or the other.

The testimonies from these witnesses were however not enough to place the trio on their defence.

Magistrate Omido, in his ruling, found that the evidence produced could not help the court ascertain whether or not Mr Waiganjo was a police officer.

DISCHARGE

According to the magistrate, evidence from the former Commissioner of Police Mathew Iteere showed that Mr Waiganjo was at one time a police reservist before he was discharged. But Mr Iteere could not produce the discharge document.

Another officer, Chief Inspector Stephen Komen, could not prove that Mr waiganjo was not issued with a police number while the letter appointing him to the position of an ACP, which was produced in court, was not genuine.

“No evidence was produced in court to show how a civilian managed to be in a position to enjoy the privileges that can only be enjoyed by senior police officers,” noted Mr Omido.

The court further declared the abuse of office charges against Mr M’mbijiwe and Mr Ngugi defective.

The ruling, which was supposed to be delivered in 2017, was delayed by the decision of the prosecution to contest it, seeking to reopen the case.

The prosecution in its application at the High Court, had sought to have the investigating officer allowed to testify, but this was thrown out.

REACTIONS

On Friday, Mr Waiganjo and Mr M’mbijiwe could not hide their joy after being acquitted the charges. Mr Waiganjo said he has finally been absolved after being framed.

“It has been a long journey in court and I thank God justice has finally prevailed. I want to thank my lawyer David Mongeri for being with me in this journey,” said Mr Waiganjo.

Mr M’mbijiwe said his enemies who framed him have been defeated.

According to him, he had only worked for four months before he was interdicted.

“I have forgiven my enemies. They framed me but God has stood with me,” said Mr M’mbijiwe.