Officers charged with Kwekwe Mwandaza’s killing to be setenced Monday
The Mombasa High Court has adjourned the sentencing of two police officers who were found guilty of killing a 14 year old girl to Monday next week.
This comes after state prosecutor Alexander Muteti filed an application in court requesting for compensation of the family of the late Kwekwe Mwandaza.
Through their lawyer Jared Magolo, the accused persons requested the court to acquit the two officers saying Inspector Veronica Gitahi was a single mother with three children while Constable Issa Mzee has a 4 year old boy and if jailed their children will suffer.
On Wednesday, Justice Martin Muya found former Kinango DCIO Veronical Gitahi and Constable Issa Mzee guilty of manslaughter over the shooting of 14 year old Kwekwe Mwandaza two years ago at her parent’s home in Kinango village, Kwale County.
Justice Muya further ruled that there was gross omission on the part of the accused persons who failed to establish the occupants of the house before they raided.
Justice Muya, however, noted that the prosecution had failed to prove beyond reasonable doubt that the accused had intention of murdering Kwekwe which reduced their murder charge to manslaughter.
During the trial, the two officers who are alleged to have jointly murdered the schoolgirl, maintained that they had acted in self-defense when they came under attack after storming a house in Kinango where Mwandaza was asleep.
The girl was shot dead at 2AM on August 21st, 2014, during an incident in which eight police officers stormed her family’s home at Mwawewu Village.
The police had raided the home with the aim of arresting her uncle, George Zani who was wanted for murder.
Police initially claimed Kwekwe attacked officers with a machete wounding one of them and destroying a gun.
Two minors, said to have been present at the time of the killing, testified that the deceased had pleaded incessantly for her life, a plea that they say fell on deaf ears.
“Kwekwe asked the police who they were looking for and informed them that his uncle was not home” said a little boy utterly overwhelmed by emotions.
“We heard a bang on the door that awakened us, and it is Kwekwe who moved closer to the door,” continued the minor.
Ms Gitahi and Mr Mzee, accompanied both the prosecution and defence sides to the remote village on a fact finding mission.
High Court Judge Martin Muya gave audience to the two sides as they publicly cross-examined the minors.