Former police officers William Chirchir and Godfrey Kirui appeared today before Judge Stella Mutuku for mitigation and requested for non-custodial sentence.
They pleaded for liniency and told the court that the offense was not intentional.
They added that their freedom and comfort, he says was taken away from them that time they were in remand.
They told the court that they are deeply and genuinely remorseful.They urged the court to consider 6 months they spent while in remand before they got bail.
They said that they may lose benefits if sent to prion and their families will suffer.
The victims urged lead by the deceased husband told Mutuku to consider before sentence that all of them, mother, husband and children have suffered immense psychological trauma.
They added that what has been left out about the children is that the eldest child is in high school, the young, the 4-year-old has just joined the school.
They added that it was a premature death, a life can not be brought back.They said that the death has caused a lot of disagreements within the family members and there are many suits filed in different courts.
He urged the court to consider that the deceased was 41 years, she left very young children 2 and 4 years. Eldest 12 years.
The children will live the rest of their lives without the care of a mother. The young one has been waiting for the mother to come back.
The husband, who is in court today, was left without a life partner. He takes care of the children, deals with the day to day businesses
A Nairobi court has convicted two Police Officers accused of killing a woman at City Park three years ago.
Police constables William Chirchir and Godfrey Kirui have been found guilty by lady justice Stella Mutuku.
They had been charged in connection with murder of Janet Waiyaki.
She was fatally shot on the morning of May 20, 2018, by the two police officers while she was in a car with her nephew, Benard Chege.
Mutuku on Tuesday ruled that the force used by the officers was not proportional.
She stated that the there was no offense that had been committed and there was no threat from the deceased and the other occupant of the motor vehicle.
According to the the law, firearms should be discharged when it can cause injure to a person.
Mutuku said at the time the their vehicle drove, the officers had not identified the occupants and the two did not shoot in the air to deflate the Tyres as the deceased was shot at the passenger seat.
“They acted recklessly and shot at the aim of killing.There was no shooting from inside the vehicle. By using the firearms to stop the car, they used force and acted contrary to the law”,the Judge ruled.
The officers contravened the law that requires them to protect life, she added.
The officers were all armed as they should have acted with caution. I believe there were other means to have the vehicle intercepted.
The intention was not to kill the deceased as the officers were operating on an alarm of terrorism in the area.
They were convicted on May 11,2021 of killing Janet Waiyaki.