Later Engineer Fred Ogolla father Hezron obado, Steve obado(brother) and Ogolla’s girlfriend Sylvia khaniti outside Milimani law courts on Thursday March 17, 2016.
BY SAM ALFAN.
Nairobi Chief Magistrate court has recommended the prosecution of three police officers to face the offence of manslaughter.
Senior Principal Magistrate Joyce Gandani recommend that police constable Eric Momanyi, Zachary Kandie and Gitonga Nderitu be arrested and arraigned in court for failing to protect Engineer Fred Ogolla who died in their hands,
The deceased was arrested by the officers from a pub at Nyayo Highrise on 6 April 2012, the court found that the deceased was hit and pushed out of the lorry by the officers while he and his
The trial magistrate who heard the inquest, said that the corporal who was in charge of the operation Mr Benson Wafula be charged with the offense of negligence of duty.
The magistrate further said inspector Lydia Mambo who was prosecution number 19 be also charged with offense of neglect of duty.
Corporal Wafula according to the trial magistrate had refused to heed to cry of the people in the lorry which he could have ordered to stop so as to attend to the deceased who had fallen.
Inspector Mambo was supposed to have joined his colleagues but chose to go home while being aware that she was on duty.
The court was satisfied with evidence and submission from the lawyer representing the family of the deceased Mr Danshon Omari, that indeed of Engineer of Ogolla was caused by the police.
The three officers Momanyi, Kandie and Gitonga did not stop the lorry to attend to the deceased who had been pushed out of the vehicle, the court said.
The prosecution had called a total of 28 witnesses who included the deceased’s colleagues whom they were having a drink together at the pub.
The officers had come up with a theory that the deceased had died through a road accident, but their evidence was thrashed by a medical report and deceased’s colleague who were same police lorry.