A police constable found guilty of manslaughter is sentenced to 7 years in prison

Nyeri,

Friday, December 15, 2023,

KNA by Wangari Mwangi

The High Court in Nyeri has sentenced the former police constable, accused of shooting and killing a stone mason, eight years ago to seven years’ imprisonment.

While delivering his sentence, Justice Martin Muya stated that he had taken into consideration the fact that the accused, Chibungu Sanga,was a first-time offender and that he had exhibited remorse following the incident. Additionally, Justice Muya stated that he was also cognizant of the trauma faced by the Sanga during the eight years that the court heard the case.

“I have noted the Victim Impact Statement report, the mitigating factors adduced by the defense and the prosecutor. The court has had the opportunity to hear and digest the impassioned plea of the counsel for the accused for a non-custodial sentence. It is noted that the accused is a first offender, he has undergone a traumatic experience in the last eight years during the patency of this matter before the court,” said Justice Muya.

“The court has also taken into consideration the Victim Assessment report and the post traumatic suffering of the victims but bearing in mind all the mitigating factors, I find a sentence of seven years to be fair. The accused is therefore sentenced to seven years’ imprisonment and he has 14 days to appeal,” he stated.   

On November 30, Sanga was found guilty of manslaughter. The court decided after the prosecution failed to produce sufficient grounds to charge the accused with murder. According to Justice Muya, the prosecution did not prove that the officer committed the crime with malice and that the officers intended to arrest and not kill the deceased Gregory Kanyi King’ori.

The former police constable is accused of killing Kanyi on March 8, 2015. The incident is said to have taken place at the deceased home in Mukurwe-ini where Sanga together with three of his colleagues were effecting an arrest warrant against the Kanyi for assaulting a police constable Charles Huja at a bar two weeks prior.

The court heard that upon reaching Kanyi home at midnight on the fateful Sunday night, the four police officers Sanga, Martin Ireri, Charles Huja, and Bakari surrounded the deceased house to prevent him from escaping. According to a report produced by the Independent Policing Oversight Authority (IPOA), Sanga was the only officer armed with an AK-47 rifle.

While testifying before the court, Martin Ireri stated the deceased emerged from his house brandishing a machete and charged towards Sanga. Ireri submitted that Kanyi defied orders to drop the machete and in the process injured the accused.

In his submission, Sanga admitted to shooting the victim but said he acted in self-defense where he first fired in the air before shooting Kanyi in the chest.Kanyi's body was found in his coffee plantation the following morning with a bullet wound on his chest.

Through the family lawyer, Edward Mbanya, the family says that the force used to subdue Kanyi was not commensurate with the perceived danger and it exceeded the parameters set by law. Mbanya also submitted that by shooting Kanyi, Sanga used extremely violent means that were uncalled for.

Mbanya also questioned the conduct of the four officers who presented themselves at the deceased home on a Sunday, at midnight and without a warrant of arrest for a crime that had allegedly been committed two weeks prior.

"Although he stated that his intention was self-defense, which is disputed, we submit that the force used was excessive. He was required to use proportional force to the objective to be achieved of effecting an arrest,” Mbanya said. 

Kanyi’s family has 14 days to appeal the decision of the court. 

Courtesy; KNA