Policeman jailed for 10 years over MP's killing

A former policeman who killed deceased Ainamoi MP David Too and a woman companion has been sentenced to 10 years in jail.

Andrew Moeche Omwenga was charged with two counts of murder but the court found him guilty of manslaughter and handed him 10 years imprisonment for each count. However, the two sentences will run concurrently.

He had been charged with killing her fellow police officer constable Eunice Chepkwony whom he worked with at the Eldoret police station. The judge said that the twin murders were as a result of love gone sour.

The shooting incident happened on January 31 last year at West Indies Estate in Eldoret and attracted violent reactions in parts of the Rift Valley.

In a 24-page judgment, High Court David Maraga said that it was clear from the evidence presented in court that the accused was provoked and acted in self-defence.

But he noted that the accused had used too much force, he said that he should have instead shot them in the legs and not in the spots which resulted in death.

Moeche, a former police rider was on duty when the incident happened. He was in full police uniform and had trailed the two on the police motor cycle.

He shot them before he sped off in the rider he handed himself to police at Turbo area a distance of about 10 kilometres from Eldoret Town.

Since, it was the accused who followed the deceased and neither of the deceased fired even a single shot, the accused should have shot them on the arms or legs to disarm them and not the head, chest or abdomen as he did, the judge said.

A person is justified to use reasonable amount of force in self defence if he or she believes that the danger of bodily harm is imminent and force is necessary to repel it, the judge said.

The former MP had reportedly accused Moeche of spreading lies against Ms Chepkwony saying “Huyu ndiyo yule mjinga amekuharibia jina?” (Is this the fool who has disparaged your reputation?)

The judgment drew angry reactions from Mr Too’s relatives who maintained that justice had not been done because according to them, the judge was too lenient.

The late Too’s widow Linah broke into tears as well as other relatives, she could not speak to the press but the deceased brother Richard Langat said that the sentence was questionable.

Mr Langat said that the accused deserved a heavier sentence saying that his callous action had deprived two young families of their breadwinners. “It was not logical to reduce the sentence, we are not happy at all,” he said.

However, the judge said Moeche was justified in thinking that the deceased wanted to kill, forcing him to shoot at them. He further noted that there was no malice aforethought (It was not planned) in the shooting of two people.

There is no evidence that the accused armed himself to kill or even do grievous arm to the deceased persons, Justice Maraga said. “He was issued with a firearm for use in the course of his normal duties in the event of need,” he added.

"There was also no evidence that the accused knew that the man whom he was dealing with was an MP. In the circumstances I find that the accused had no reason to kill either of them," Justice Maraga said.

He further noted that the deceased persons had no intention of killing him or doing any grievous harm to the accused. He said that the deceased were annoyed by the rumours attributed to the accused that Ms Chepwkony had contracted HIV/Aids from her late husband.

Justice Maraga said the accused shot dead the two but added that the shooting incident had been caused by the fact that Moeche and Ms Chepkwony were lovers and were in process of solemnising their union.

Justice Maraga said that the accused had met with the deceased woman at Kenya Police training college in Kiganjo in 2000 and fell in love.

They became lovers and agreed to marry but after graduating from the college they never met again until 2006 when they were posted to the same station. It was then that Ms Chepkwony informed him that she had been married and he also told her that he had married.

The Judge observed that after Ms Chepwkony’s husband death in 2007 they renewed their love and August the same year they agreed to marry. The bond grew stronger thereafter.

He said that the court had found out from the evidence that the accused had taken Ms Chepkowny to his home in Nyamira, Kisii where he introduced her to his parents.

The accused reportedly told his parents that he wanted to marry her as his second wife and his father gave him the go ahead. A man who drove them to his rural home gave evidence in court.

Later, he gave her (Eunice) Sh300, 000 after he sold his matatu and the lady added sh100,000 and bought a saloon car. This is the car in which the deceased persons had when they met their deaths.

Ms Gladys Ndenda who represented the accused said that he was remorseful and had even sought solace in the word of God while in incarceration.