The High Court in Mombasa has sentenced former Likoni Officer Commanding Station (OCS) Yunus Athman to life imprisonment for the 2018 murder of a 20-year-old man.
The sentence was handed down by Lady Justice Wendy Kagendo Micheni after the court found the former OCS guilty of fatally shooting Mbaraka Maitha Omar at Mwenza Village in Likoni.
Justice Micheni said the court had considered mitigation, the pre-sentence report, and a victim impact statement before imposing a custodial term for the remainder of the convict’s life.
The judge stated that as a police officer, Athman had a statutory duty to protect life, but instead used unlawful force against a defenceless civilian.
She observed that abuse of state authority strikes at the heart of justice and must attract a deterrent penalty.
Family members of the deceased told the court they continue to suffer psychological trauma, describing the killing as malicious and a betrayal of public trust.
The court directed Athman to file any appeal against both conviction and sentence within 14 days.
Court Jails Yunus Athman for Life Over 2018 Killing of Unarmed Youth
The Independent Policing Oversight Authority (IPOA) launched an investigation into the killing, uncovering details that emerged over a three-year trial at Mombasa High Court.
Investigations by the police oversight authority revealed how former Likoni OCS Yunus Athman carried out the shooting of Mbaraka Maitha Omar.
According to IPOA, Athman, locally known as Manu, arrived at the victim’s home at around 10 a.m. on a motorbike.
The bike also carried Mohamed Karega Kassim, a madrassa teacher, while the rider was Albert Wekesa.
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During the investigation, the teacher, initially charged alongside Athman, was turned into a state witness, while Wekesa, a key eyewitness, was later found dead in Kwale.
In court, the victim’s younger brother, Mbaraka Omar Baya, recounted the attack.
“My brother was seated on the veranda, taking tea. He saw Karega pointing at him—ndio huyu maliza (it is him, finish). Manu then produced a gun and shot his brother at close range,” he testified.
A neighbor, Zuhura Salim, also told the court she heard two gunshots and rushed outside, where she saw the officer “standing over Maitha, who was lying down,” while holding a pistol.
In total, the prosecution called 21 witnesses, including police officers, a pathologist, and ballistic experts.
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Investigations Reveal Police ‘Cover Ups’
IPOA found out that an entry in the police Occurrence Book (OB) claiming that the victim was armed with a machete was a deliberate “cover-up,” based on 15 witness statements collected during its investigation.
IPOA also attempted to hear the officer’s side of the story on two occasions, September 13, 2018, and December 13, 2018, but he ignored the summons.
After the court ruled that Yunus Athman had a case to answer, he claimed he acted in self-defence, arguing that the victim attacked him with a machete.
His commander, OCS Patrick Lumumba, testified that he saw a machete at the scene, though the object was not properly documented in court.
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