A court has ordered that a police officer, who killed a butcher in Nairobi six years ago, be charged with murder.
Following an inquest, Milimani Chief Magistrate Francis Andayi ordered police constable David Kibet Rono be prosecuted for killing Nura Malicha Molu at the Kiamaiko goat market on April 20, 2015.
“Justice must be done for Nura who was felled by Rono under unclear circumstances,” Mr Andayi ruled.
Nura’s mother, Ms Malicha Molu, celebrated the verdict. “I am happy that justice will be done at last for my son after many years of agony,” she told the Nation.
Ms Molu praised the court, her lawyer and the Independent Police Oversight Authority (Ipoa) which pursued the matter with determination.
Mr Andayi directed the Director of Public Prosecutions (DPP) Noordin Haji to immediately arrest Rono and charge him with murdering Malicha.
The magistrate ruled that the evidence presented by Ipoa has established that Nura was murdered for no apparent reason.
Mr Andayi said Rono, who was in the company of another officer, shot at Nura on allegations that he had attempted to attack him with a knife after a botched robbery.
The magistrate said there was a cover-up since the knife, a techno mobile phone and Sh5,000 allegedly recovered from Nura were never produced in court as evidence.
Mr Andayi also said the two police officers misrepresented facts in court by saying that they called an ambulance from San Frontiers Medicines to take Nura to the hospital yet his neighbour, Amina Sakwa, is the one who took him to the Huruma Nursing Home.
“I do not know why the two police officers lied that it’s them who facilitated to take the victim to the hospital,” Mr Andayi said.
He said the lies amount to a cover-up.
The magistrate said each of the two officers fired three times in a bid to scare away angry members of the public following Nura’s shooting.
“A post-mortem report presented by a government pathologist, Dr Carolyne Njeru, showed the deceased succumbed to head and abdominal injuries,” Mr Andayi said.
He said Dr Njeru said the victim’s teeth broke due to the impact of the shooting which shattered his chin.
The pathologist removed three bullets that were lodged in the abdomen, the chin and neck.
Mr Andayi dismissed the suspect’s testimony that he shot at Nura in self defence.
Ipoa called 14 witnesses to testify in the inquest to establish the cause of Nura's death.