Two police constables accused of fatally shooting a businesswoman at City Park in 2018 have been found guilty of manslaughter.
Police constables William Chirchir and Godfrey Kirui were on Tuesday found guilty of killing Janet Waiyaki on the morning of May 20, 2018, while in a car with her nephew, Bernard Chege.
High Court Judge Stella Mutuku ruled that the officers used excessive force when no crime had been committed by the deceased and Mr Chege.
Justice Mutuku also noted that the occupants of the vehicle posed no danger to the officers.
“They behaved rashly and opened fire with the intent to kill,” she said.
She added, “All of the officers were armed, and they should have behaved cautiously. I believe there were other ways to intercept the car, and they also broke the law requiring them to protect life.”
“The offence of manslaughter has been proved against the two suspects. I found the two accused persons guilty of manslaughter and not murder.”
In 2019, Mr Chege who sustained serious injuries on the material day, denied being in an incestuous relationship with the deceased.
“I had no affair with my aunt; we were just having a good time together. Our relationship was just that of an aunt and a nephew. Even my uncle was comfortable with our friendship,” he said, adding that he was woken up by loud banging on the car.
Then, Mr Chege testified, he had picked up Ms Waiyaki from her Donholm home on the night of May 19, 2018 for Pangani shopping centre where they spent the entire evening chewing miraa.
They would later leave for the Rift Valley view point to catch the sunrise. They were in the company of a friend, only identified as Koome.
“We spent some time taking pictures of the sunrise then left. The plan was to take her back home since she was tired, but she said she didn’t want to go home and that we should rest at City Park,” he added.