In a significant verdict, the High Court at Garsen has found two police officers guilty of the murder of a camel herder in Tana River County six years ago. Police constable Emmanuel Wanje Mwaringa and administration police constable Brian Otieno were convicted of jointly murdering Abdullahi Hussein Omar on June 24, 2018, at Boka market, Boka township, in Tana River County.
Justice Stephen Githinji, delivering the judgement, emphasized that the use of live bullets against an unarmed civilian constituted an unreasonable use of force in the circumstances. The officers were charged with murder under Section 203 read with Section 204 of the Penal Code, and the Independent Policing Oversight Authority initiated an investigation into the incident after notification from the Officer Commanding Station Bangale Police Station on June 26, 2018.
The court, after considering the testimony of 17 prosecution witnesses, concluded that malice was evident in the actions of the accused officers towards the deceased. Additionally, the prosecution’s evidence, presented by Senior Prosecution Counsel Agather Mkongo, remained unchallenged by the defendants during the trial.
The incident unfolded when the deceased’s father approached PC Mwaringa and APC Otieno at the Boka livestock auction market, seeking assistance in arresting his son and retrieving a camel involved in a dispute over its sale. Subsequently, a confrontation ensued between the officers and Abdullahi Hussein Omar, who resisted arrest and reportedly threw stones at the officers before being shot dead.
PC Emmanuel Wanje shot the deceased in the leg and head, while APC Brian Otieno wounded him in the abdomen. The court is scheduled to announce the sentencing of the convicted officers on March 20, 2024. This verdict underscores the imperative of accountability and adherence to lawful conduct within law enforcement agencies.
