BY SAM ALFAN.
Two police officers accused of killing a man at Mathare area at during curfew at the height of Covid-19.
Kibera High Court Justice Diana Kavedza acquitted Inspector Daniel Musau and Corporal Robert Kiboror, who were then station at Muthaiga Police Station.
Musau and Kiboror were arrested following investigations conducted by the Independent Policing Oversight Authority (IPOA) over the death of Vitalis Owino alias Madaraka.
Judge Kavedza ruled that prosecution failed to prove the charge of murder against the two police officers.
“I do find that the prosecution has failed to prove the charge of murder against the two accused persons herein beyond reasonable doubt. The Accused persons are found not guilty of the offence of Murder and consequently, I hereby acquit them under section 215 of the criminal procedure code,” said the judge.
The judge said the two police officers were not positively identified as having killed Owino as alleged.
“It is my considered view that the question of malice aforethought does not arise,” said the judge.
Judge Kavedza ruled that court cannot rely on unsupported evidence to convict the accused persons.
She stated that, while perusing the prosecution’s evidence and testimonies, there was no sufficient evidence to convict the two officers.
Musau was represented by city based lawyer Gordon Ogando and lawyer Kiraithe Wandugi acted for corporal Kiboror.
Lawyer Ogando applauded the court decision for acquitting his client.
