City Affairs

Ex-police officer jailed 15 years for murdering man in Majengo

The Milimani Law Courts in Nairobi. (Photo: File)

By Mary Wambui | Friday, February 2, 2024

Constable David Mwongela was found guilty of killing 24-year-old Ahmed Majid in 2020.

A former police officer has been sentenced to 15 years in prison for the murder of one Ahmed Majid in Majengo, Nairobi, in 2020.

Last month, Justice Daniel Ogembo ruled that the prosecution had proved beyond reasonable doubt that the officer, previously based at the Shauri Moyo Police Station shot 24-year-old Majid, causing his death on January 16, 2020.

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While delivering his judgement on Friday, Justice Ogembo said the court took note of the probation report and the victim impact assessment report, which captures the views of the victims that the accused person, "was not remorseful and a life was lost".

"This outweighs the mitigations as raised by the defence and the court agrees with the probation report. To serve as a deterrence, the court sentences the accused person to 15 years in prison," the judge ruled.

The matter was picked and probed by the Independent Policing Oversight Authority (IPOA) following media reports of the shooting in 2020.

The officer shot the victim thrice as he attempted to inquire why they had arbitrarily arrested one Yassin Athman Mohammed, whom the officers alleged to have been found in possession of bhang.

After its investigations, the authority recommended that Constable David Mwongela be charged with the offence of murder, contrary to section 203 as read with section 204 of the Penal Code.

"At least 10 witnesses including neighbours, family and friends of the deceased were lined up as witnesses in the trial," IPOA said in an earlier statement.

According to the authority, the victim died at Care Hospital where he was rushed for treatment.

In his defence, constable Mwongela told the court that they had gone to effect an arrest in a house whose they suspected had drugs.

"He told the court that as they attempted to arrest one suspect, they were confronted and surrounded by riotous youth and were thus forced to fire in the air. In the process, he said, one bullet unfortunately hit the deceased," IPOA added.

Justice Ogembo, however, ruled that the use of force and firearms was not justified under the circumstances that led to the death.

Additionally, there was no evidence that the accused faced any threats to warrant the use of a firearm.