Two former administration police officers who were found guilty of manslaughter charges have been sentenced to seven years in jail.
Justice Jessie Lessit who read the sentence on behalf of Stella Mutuku sentenced constables William Chirchir and Godfrey Kirui for killing Janet Waiyaki at City Park in Nairobi on May 20, 2018.
“Given circumstances of the case, a non-custodial sentence is not appropriate. I sentence the two to seven years in jail each,” the Judge ruled.
While sentencing the two, the judge noted that they were first offenders but declined to give them a non-custodial sentence saying it is not appropriate.
“A life has been lost, nothing can be done to bring back life. Accused persons failed to follow the law on the use of force,” the judge ruled.
She was in a car with her nephew, Bernard Chege, at bout 10.30 am when they were shot at.
The family has however said they feel justice was not served as they expected a stiffer sentence saying they will never see their daughter again.
While sentencing the two, the judge noted that they were first offenders but declined to give them a non-custodial sentence saying it is not appropriate.
“A life has been lost; nothing can be done to bring back life. Accused persons failed to follow the law on the use of force,” the judge ruled.
She was in a car with her nephew, Bernard Chege, at bout 10.30 am when they were shot at.
The family has however said they feel justice was not served as they expected a stiffer sentence saying they will never see their daughter again.
The lawyer representing the family Edward Mbanya said he was happy the matter was heard expeditiously unlike other cases that take longer in court.
“We are happy justice has been served despite the interference noted by the judge in the judgment,” he said.
Two weeks ago, the two told the court that they were deeply sorry for committing the offence.
“My lady, if we could turn back time, a lot of things would be done differently,” they told Justice Mutuku through their lawyer.
While praying for a lenient sentence, Chirchir, 36, said he had been in service for 10 years, doesn’t have a previous criminal record and has tried to serve the country.
He added that he has been taking care of his two siblings, has acute ulcers and is on medication.
His family, the lawyer says, relies on him. His mother, a widow aged 75 years, also has ulcers, and requires medical care.
The second convict Kirui, who is 28 years old, has been in service for six years.
He is married and has two children, seven years and another aged one.
On May 11, Mutuku convicted the officers, ruling that the force used was not proportional.
While convicting them on manslaughter, the judge said the intention was not to kill the woman, as the officers were reacting to a terrorism alert in the area.
“This brings me to the conclusion the offence proved by the evidence before me is that of manslaughter and not murder by the absence of the element of malice aforethought,” she ruled.
