Two police officers accused of shooting dead a woman, inside her car, at City Park Nairobi got a reprieve after the High Court substituted murder charges with manslaughter.
Justice Stella Mutuku found the two, William Kipkorir Chirchir and Godfrey Kipng'etich Kirui, guilty of manslaughter and ordered them to submit their mitigation before sentencing on Thursday.
"The offence is not that of murder but manslaughter, malice aforethought has not been established," said the judge
In her judgement, Justice Mutuku found that there was no shooting inside the vehicle even though the officers acted unprofessionally and recklessly.
The judge ruled that the two didn't have to use force adding that they contravened the law governing the use of a firearm.
The judge was satisfied that the element of death was proved beyond any reasonable doubt.
"There is no dispute that the accused persons fired at the moving vehicle," he said.
In defence, the two police officers told the court they were acting on the threat of terrorism adding that they were operating from an area they were not familiar with at the time they committed the crime.
The judge, however, faulted the two and said; "the accused person shot at the vehicle without establishing whether it had occupants" ruled the judge
It is alleged that on May 20, 2018 at 10.30 am the accused persons killed Janet Waiyaki Wangui.
The deceased was in the company of Benard Karime Chege at the time of the incident.
Bernard who was injured during the incident testified on the incident.