9 GSU officers linked to murder of 4 people in Kajiado want to be freed

Nine police officers from the General Service Unit (GSU) who are set to appear in court on Wednesday to face murder charges over the shooting of four people during a protest in Masimba area of Kajiado County are now challenging the decision to prosecute them.

The nine are accused of shooting and killing four people on June 2, 2020 during a protest by a mob over increased attacks by wild animals.

In a certificate of urgency, the accused argue that it is unreasonable for the prosecution to prefer charges against them since they were discharging their lawful mandate and acted in the best interest of the larger public who were civilians, and not part of the riot.

Through their lawyer Dansan Omari, the police officers argue that the court should intervene to protect those who act in an official capacity in discharging their mandate.

“It is impressive that the applicants were able to survive an attack from the rageous Masaai community who are well known to have lethal weapons,” read the statement by the respondents.

“In light of the circumstances; being outnumbered by riots, they acted to the best of their ability to prevent more innocent casualties,” they argued.

The officers are Police Constables (PCs) 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.

According to the court papers, the protesters had blocked the busy Nairobi-Mombasa highway and the officers were deployed to quell demos when things got out of control.

“The mob was persistent; knowing too well that they had outnumbered the applicants. Subsequently, the applicants again fired ammunition in the air as they tried to evacuate casualties to safety,” reads the court papers.