10 officers from the General Service Unit (GSU) will on Monday, November 7, 2022, be arraigned in court for the offence of murder and grievous harm contrary to section 234 of the penal code.
The 10 were arrested by officers from the Independent Policing Oversight Authority (IPOA) on Friday, November 4, 2022, after investigations were conducted by the police oversight authority.
The Office of the Director of Public Prosecution (ODPP) also recommended the prosecution of the 10 after independently reviewing the IPOA file.
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“The totality of evidence on record suggests that the GSU officers were culpable for the offence of murder contrary to section 203 as read with 204 of the penal code. Additionally, the officers are culpable for causing grievous harm contrary to section 234 of the penal code,” the letter by ODPP stated in part.
"We concur with the Authority that the use of force by the GSU officers against the demonstrators was not only unlawful but was also unjustified. Therefore, we direct that the officers be charged accordingly," the letter added.
Nine of the officers are being held at Kibera Police station ahead of their arraignment in court.
The 10 officers include; Police Constables Kasim Nunow, Hoseah Chikara, Mohammed Adan, Wambua Kilonzo, Wesley Kipkorir, Boaz Mogire, John Mwangi and Desmond Musyoka.
Others are Inspector of Police Cornelio Nabwera and Corporal Zakayo Kipterio.
June 2 shootings
The elite officers are accused of the infamous June 2, 2022, Masimba killing that saw four people die as six others sustained serious injuries when the GSU officers opened fire at the demonstrators along the Mombasa-Nairobi Highway at Masimba area of Kajiado County.
The victims of the shooting were part of demonstrators who had thronged the busy highway to protest the invasion of their farms by elephants which had occasioned the death of a teacher who was trampled on by the marauding jumbos.
On the fateful day, the GSU officers encountered the demonstrators while on their way back to Mombasa from Nairobi where they had been escorting cargo belonging to De La Rue Company on the previous day.
Investigations by IPOA revealed that the officers who were travelling on two land cruisers fired a total of 40 rounds of ammunition before making a barricade and driving off to Mombasa.
A total 17 spent cartridges were recovered from the scene with postmortem conducted on the deceased revealing that they died of single bullet wound on the head with bullet fragments being recovered from the bodies during the autopsy.
