BY IPOA News
Two police officers convicted of murder following investigations by the Independent Policing Oversight Authority have been sentenced to death.
Constables Benjamin Kahindi Changawa and Stanley Okoti jointly and unlawfully killed Mr. Geoffrey Nyabuto Mogoi, Mr Amos Okenye Makori and Administration Police Constable Joseph Obongo Onchuru.
The victims were shot dead on October 7, 2014, at a bar in Kangemi, Nairobi.
In sentencing the two, the High Court cited Section 204 of the Penal Code that states; “Any person convicted of murder shall be sentenced to death.”
Following the shooting, the Independent Policing Oversight Authority (IPOA) acting
Pursuant to its statutory mandate under Section 7(1) (a) and 25(1) of the IPOA Act launched investigations in order to unravel the circumstances that led to the deaths, and to establish whether the Police Officers were justified in the use of their firearms.
IPOA concluded investigations and recommended to the Director of Public Prosecutions (DPP), murder charges and on 27thApril 2015, the DPP concurred with IPOA’s recommendations.
The victims, who were also relatives, were shot dead at M-Club, an entertainment joint at Kangemi.
Today’s sentencing follows guilty verdict by Justice S. N. Mutuku on November 1, 2018, during which the Judge poked holes in the Defence’s argument and instead upheld the evidence adduced by an IPOA investigator, noting that “the prosecution has proved beyond reasonable doubt all the ingredients of murder.”
At the time of the unfortunate incident, the two Constables who were attached to Nairobi’s Kabete police station told the Court they were responding to an armed robbery at the Club and identified the victims as the “suspects.”
IPOA was formed in 2012 to check police excesses against civilians, including unlawful killings, inflicting serious injuries and gross misconduct among other ills.
Before IPOA came into being through an Act of parliament, complaints against rogue police officers were investigated through the Service’s rank and file, and the errant officers often walked scot free.
This milestone decision reiterates the independence and commitment of IPOA in safeguarding the rights of victims of police killings including serving officers as was in this case. This aims to bring to life Article 244 of the Constitution.