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Two police constables charged with killing a businesswoman at City Park two years ago have been found guilty of manslaughter and not murder.
Police constables William Chirchir and Godfrey Kirui were charged with the death of Janet Waiyaki.
She was fatally shot on the morning of May 20, 2018, by the two police officers while she was in a car with her nephew, Benard Chege.
High Court judge Stella Mutuku on Tuesday ruled that the force used by the officers was not proportional.
She stated that the there was no offence that had been committed and there was no threat from the deceased and the other occupant of the motor vehicle.
According to the the law, firearms should be discharged when it can cause injure to a person.
Mutuku said at the time the their vehicle drove, the officers had not identified the occupants and the two did not shoot in the air to deflate the Tyres as the deceased was shot at the passenger seat.
“They acted recklessly and shot at the aim of killing.There was no shooting from inside the vehicle. By using the firearms to stop the car, they used force and acted contrary to the law”,the Judge ruled. The officers contravened the law that requires them to protect life, she added.
The officers were all armed as they should have acted with caution. I believe there were other means to have the vehicle intercepted.
The intention was not to kill the deceased as the officers were operating on an alarm of terrorism in the area.
“The offence of manslaughter has been proved against the two suspects. I found the two accused persons guilty of manslaughter and not murder”, she ruled.
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