Officers get death penalty for killing colleague, his 2 relatives

Two police officers have been sentenced to death for murdering their colleague in cold blood.

Justice Stella Mutuku said the prosecution had proved beyond reasonable doubt that corporals Benjamin Kahindi Changawa and Stanley Okoti shot Administration Police Constable Joseph Obongo Onchuru at a club in Kangemi, Nairobi four years ago.

Mr Changawa and Mr Okoti were also convicted of shooting death Mr Onchuru's two relatives, Geoffrey Nyabuto Mogoi and Amos Okenye Makori.

The court heard that Mr Onchuru, who was attached to former Bomachoge Borabu MP Joel Onyancha, dropped his boss at Jomo Kenyatta International Airport on the fateful night before returning to his base at Kitisuru AP Camp.

He arrived late in the night and asked for permission to get out and buy airtime. However, Mr Onchuru and his two relatives proceeded to M-Club in Kangemi, where they ordered for a drink.

But Mr Onchuru was not drinking and he sat alone at a corner. A barmaid got suspicious and alerted the watchman.

The watchman approached Mr Onchuru and asked him what he was doing and instead of identifying himself, he reportedly whipped out a pistol.

'ROBBERS'

The watchman and the barmaid reportedly overpowered the officer and locked him up in an adjacent kitchen. A supervisor of the club called the police informing them that robbers had attacked them.

According to the police, a signal was sent out and the two officers, who were on patrol than night in the company of their colleagues, were told to respond. They were informed to approach the area with caution because the ‘attackers’ were armed.

Changawa and Okoti defended themselves, saying they identified themselves and asked the deceased to do the same, but they allegedly defied the order. 

The court heard that the other patrons in the club lay on the ground when they were asked to surrender, but Mr Onchuru remained standing trying to explain that he was an officer.

The officers claimed that a shootout ensued, leading to the death of Mr Onchuru and his two relatives.

NO THREAT

Justice Mutuku, however, dismissed their defence, saying the circumstances leading to the fatal shooting was direct evidence. “Save for the malice aforethought, the evidence in respect of how the deceased met their death is not disputed by the defence,” the judge said.

But the duo defended themselves, saying they were on duty and had responded to a distress call. They added that they were told ‘the robbers were armed and dangerous’.

But Justice Mutuku said the victims had surrendered and posed no threat to the officers. She said the issue of a shootout did not arise and she was persuaded that the prosecution had discharged its mandate beyond reasonable doubt.

The judge said the two officers acted beyond their call of duty, and with malice. The two will appear before the court on November 7 for mitigation and sentencing.

The Independent Policing Oversight Authority had investigated the matter and recommended to the Director of Public Prosecutions that the two police officers be charged with murder.