Africa-Press – Kenya. A family’s search for justice for their son killed by police 12 years ago is getting closer after the Independent Policing Oversight Authority (IPOA) recommended the prosecution of the officers.
The authority has written to the Office of the Director of Public Prosecution (ODPP) directing that the AP officers be charged with the murder of Davis Nyangeso Ondimu.
The two officers have been accused by the family of shooting him dead without any provocation 31st of December 2010.
According to a letter signed by Elijah Kiarie, for regional coordinator in Nakuru, the authority had completed its investigations and established that there was foul play in the incident.
In the letter, the authority noted that it had handed over a duplicate file to ODPP for the purpose of registering at the High Court in Naivasha.
“The authority’s investigation was completed and the ODPP is directed to charge the two police officers with murder contrary to section 203,” reads the letter in part.
According to a letter written in 2014 by Duncan Ondimu, the deceased brother, the two officers had threatened the family with death if they kept following up the matter.
He alleged that his brother was pulled from a bar and forced to walk for over 150 metres away where he was shot at point blank-range while lying down.
“The officers involved threatened me and the witnesses and based on information collected this was a case of pure murder,” he said in a letter to IPOA.
A couple of month’s back, a police officer who shot and killed a fisherman in Lake Naivasha eight years ago was sentenced to twenty years by the High Court sitting in Naivasha.
Wiyema who was an anti-stock theft police officer was found guilty of killing Moses Wanyoike who was on a fishing mission in the lake.
In his ruling, Justice Richard Mwongo noted that the officer held power and authority in the society backed by the force of arms with citizens turning to him for protection and safety.
“The accused however misused his power and authority when he fired a bullet at the deceased who was at close range,” he said in his ruling.
He further noted that the officer failed to report to his seniors about the incident and went ahead to charge the accused colleagues in court.
“The court shall in the fifth year of his sentence review the offender’s conduct and sentence based on reports of the probation officer and the prison service,” he said.
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