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Two police officers who killed businesswoman at City Park jailed for 7 years

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Two police officers have been sentenced to seven years in prison over the killing of a businesswoman at City Park, Nairobi, in 2018.

The two cops, William Chirchir and Godfrey Kirui, had requested for a non-custodial sentence but the court ruled that this would not be appropriate since a life was lost.

The duo was on May 11, 2021 found guilty of manslaughter in the killing of businesswoman Janet Waiyaki by a Nairobi court.

Ms. Waiyaki was fatally shot by the two police officers on the morning of May 20, 2018, while in a car with her nephew, Benard Chege.

High Court Judge Stella Mutuku ruled that the officers’ use of force was not proportional to the threat.

She stated that no crime had been committed and that the deceased and the other occupant of the vehicle posed no danger to the officers.

The officers had not recognized the occupants at the time the car pulled away, Justice Mutuku said, and they did not fire in the air or deflate the tires because the deceased was shot in the passenger seat.

“They behaved rashly and opened fire with the intent to kill,” she said, adding that they used intimidation and broke the rule when they used weapons to stop the vehicle.

“All of the officers were armed, and they should have behaved cautiously. I believe there were other ways to intercept the car, and they also broke the law requiring them to protect life,” she stated.

The 41-year-old woman died as her 26-year-old counterpart was left in critical condition after police officers sprayed their car with bullets at City Park on that fateful day.

According to a police statement, a county security officer reported the suspicious vehicle parked within the park.

Police officers from Makadara who were on patrol in the area responded and found the car, a Toyota Fielder KBX 515 H, parked within the park in a forested area with all windows tinted and closed.

The officers reportedly knocked on the windows to no response before the car suddenly sped off towards the road, prompting two out of the over five police officers present to fire a combined 11 rounds of ammunition at the car.

The vehicle then stopped and inside were a male and a female namely Benard Chege, a Kikuyu male adult aged 26-years-old, and Janet Wangui Waiyaki, a Kikuyu female adult aged 41 years.

The two, who were both found half-naked and with gunshot wounds, were then rushed to Avenue hospital where Chege was admitted and Janet was pronounced dead.

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Haiti chief prosecutor calls for Prime Minister to be charged in president’s killing

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Haiti’s chief public prosecutor has asked the judge overseeing the investigation into the assassination of President Jovenel Moise to charge Prime Minister Ariel Henry as a suspect and ordered migration services not to let him leave the country.

In a letter to Judge Garry Orelien, prosecutor Bed-Ford Claude said phone records showed Henry twice communicated with a key suspect in Moise’s killing on the night of the crime on July 7. That suspect, a former justice ministry official whom Henry has publicly defended, is now on the run.

Henry should be “forbidden from leaving the national territory by air, sea or road due to serious presumption relative to the assassination of the president,” Claude wrote in a letter to the country’s Migration Services.

Chenald Augustin, who works in the prime minister’s communications office, said it did not have an immediate comment. The premier last week dismissed the charges against him as politicking.

Moise was shot dead when assassins stormed his private residence in the hills above Port-au-Prince, plunging the impoverished Caribbean country deeper into turmoil and a political vacuum.

The 53-year old former provincial businessman had been governing by decree for more than a year after Haiti failed to hold legislative and municipal elections amid a political gridlock and had faced many calls to step down.

Decades of political instability as well as natural catastrophes have plagued Haiti’s development. Its aid-dependent economy is the poorest in the Americas, more than a third of Haitians face acute food insecurity, and gangs have turned swathes of the capital into no go areas.

Claude had invited Henry on Friday to meet with him to discuss the phonecalls with the suspect, noting that he could only summon the premier on presidential orders, but that the country remained without a president.

Haiti’s Office of Citizen Protection demanded on Saturday Henry step down and hand himself over to the justice system.

Henry retorted on Twitter that “no distraction, invitation, summons, maneuver, menace or rearguard action” would distract him from his work.

The prime minister announced on Saturday that Haiti’s main political forces had reached an agreement to establish a transition government until the holding of presidential elections and a referendum on whether to adopt a new constitution next year.

The agreement establishes a Council of Ministers under Henry’s leadership.

A constituent assembly made of 33 members appointed by institutions and civil society organizations will have three months to prepare the new constitution.

Moise’s own attempts at holding elections and a constitutional referendum were attacked for being too partisan. Critics called them veiled attempts at installing a dictatorship.

His supporters said he was being punished for going after a corrupt ruling elite and seeking to end undue privileges.

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Government Pathologist collects DNA samples from bodies dumped in Tana River

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A government pathologist has began collecting samples from the 11 bodies retrieved from the Tana River in Garissa County to assist with their identification. 

More family members of missing Kenyans from different parts of the country continued to visit the Garissa morgue to identify the bodies but none has been identified so far. 

DNA samples will be collected from the people who claim their relatives went missing for tests to find out whether they match samples from bodies of the victims.

For the second day relatives whose loved ones have been missing for months and years thronged the Garissa Referral Hospital Mortuary in search of their kin. 

By Tuesday, at least 11 families were in Garissa to identify recovered bodies that have been preserved at the morgue after retrieval from the Tana River.

Some of the families travelled all the way from Kajiado, Thika and Kiambu town. They were making the trip  with the hope of at least finding the remains of their kin and at last get closure after  months and years of suffering. 

As was the case with the group that visited the mortuary on Monday, none of these family members could identify the bodies.

A government pathologist has since started performing autopsies on the bodies. Samples from three bodies have since been collected and will be preserved  testing against DNA samples from people who are visiting the morgue in search of their loved ones. 

This will only be done once samples from all the 11 bodies at the morgue have been collected.

Bodies that are in a poor state because of decomposing will likely still be preserved at the Garissa Mortuary until the identification exercise is complete.

The bodies were collected from Tana River and there’s every indication the victims were tortured and their bodies tied to heavy objects such as rocks and stones and thrown in the river. 

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MP Arrested after DCI officers raid his home

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Police have arrested Tiaty MP William Kamket over the attacks in Laikipia County which has seen more than 40 homes torched.

The former legislator was arrested at his home in Rongai, Kajiado County on Wednesday morning by officers attached to the Directorate of Criminal Investigations (DCI).

Baringo County Police Commander Robinson Ndiwa said the MP was driven to DCI offices in Nakuru where he will be questioned over the ongoing skirmishes that have left hundreds of Kenyans displaced.

Rift Valley Regional Commissioner George Natembeya said that leaders from the area were to blame for the ongoing attacks.

He accused the local leaders of financing the youth and arming them with guns and other weapons.

“We have received reports that some of the owners of the livestock are saying they remove them from the ranches and bring 500 Morans to fight with the security officers. This means that these are planned attacks to ensure the area has no peace,” Natembeya said

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