Janet Waiyaki murder: 2 policemen convicted of manslaughter
Former Police officers William Godfrey Kirui Kipng'etich and Kipkorir Chirchir leave the Milimani Law Courts on May 11, 2021, after they were convicted of manslaughter in the 2018 murder of Janet Waiyaki.
Two former police officers have been found guilty of unintentionally killing a woman in Nairobi’s City Park three years ago.
Justice Stella Mutuku said William Kipkorir Chirchir and Godfrey Kipng’etich Kirui used excessive force that led to the death of Janet Wangui Waiyaki.
The woman, then aged 41, died from gunshot wounds while a relative, Mr Bernard Chege, was badly injured.
“After considering the evidence, it is clear that the force used was not proportional to the objective to be achieved. There was no offence and no threat involved, especially after the vehicle was driven off in a bid by the victims to flee,” the judge said.
Chewing miraa
The court added that five police officers had been assigned to patrol City Park on May 20, 2018 when they noticed a vehicle parked near the cemetery.
Ordinarily, the judge said, a parked vehicle in Nairobi on a Sunday does not raise any suspicions. The court doubted if passers-by and locals, who reported the presence of the car to the officers, knew of an ongoing police operation and a terrorist threat.
Chirchir and Kirui told the court that the occupants of the vehicle refused to open the doors and instead sped off, making them shoot the tyres.
The former police officers said they could not see the inside of the car as the windows were tinted and that they approached it cautiously “owing to terrorist attacks”.
The prosecution said the firearms Chirchir and Kirui had were of high calibre.
According to prosecution witnesses, Ms Waiyaki and Mr Chege had been chewing miraa before moving to the park to rest.
The car belonged to Mr Chege’s mother, Faith Wangechi.
Godfrey Kipng’etich Kirui and William Kipkorir Chirchir, police officers charged with Janet Waiyaki's murder, at a Milimani court on February 6, 2019
“Unhealthy” relationship
Evidence presented was of an “unhealthy” relationship between Waiyaki and her nephew, a charge Mr Chege vehemently denied.
Justice Mutuku said it is not the work of the court to determine what the two were doing at night and on that fateful morning.
“Furthermore, their relationship is not of particularly interest to the court,” the judge added.
Chirchir was an Administration Police officer at Makadara Police Station while Kirui, a constable, was attached to Industrial Area Police Station.
Witnesses said Chirchir and Kirui fired around 15 times at the vehicle.
“I find that the offence of manslaughter has been proved beyond reasonable doubt against the first and second accused,” Justice Mutuku said.
Gunshot wounds
Chief pathologist Johansen Oduor, who examined Waiyaki’s body, told the court that she died from multiple gunshot wounds.
The prosecution said that the two police officers were under duty to protect lives and property and should have consulted their superiors once the occupants of the vehicle sped off as there was no danger in letting it go.
The court described the officers act as ‘reckless’.
Chirchir and Kirui will appear in court for mitigation and sentencing tomorrow.
