Nyandarua police officer jailed 30 years for killing unarmed man

Delivering the judgment, Nyandarua judge Waweru Kiarie found that officer William Muriuki Nyaga unlawfully assaulted Stephen Githinji Ndiuni at Equator Springs Hotel in Gwa Kung’u township on the night of May 24, 2020, inflicting fatal injuries.

The court heard that Ndiuni had been suspected of involvement in an earlier altercation at the hotel.

However, the judge found that without verifying the allegation, Nyaga participated in beating him after he was apprehended.

Evidence presented during the trial showed that after police dispersed a crowd that had gathered at the hotel claiming a thief was hiding inside and that the deceased was later arrested by a watchman and brought back to the premises. 

According to a testimony by the hotel manager, Miriam Wanjiku, Nyaga repeatedly struck Ndiuni with his boots and a stick until he lost consciousness. He was then dragged to the restaurant entrance and left there overnight.

A post-mortem conducted by Dr. George Biketi revealed that the deceased suffered multiple injuries to the head and the back of both hands. The cause of death was determined to be severe head injuries due to massive blunt force trauma.

Nyaga had initially been charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, alongside two civilians. 

One of the co-accused, Francis Muriithi Ngari, was acquitted after the court found no evidence linking him to the beating, apart from chasing the deceased and others earlier that night.

In his defence, Nyaga raised an alibi, maintaining that he had left the hotel earlier and was not involved in the assault. 

The court, however, ruled that the alibi had been displaced by the prosecution’s evidence, particularly the testimony of the hotel manager.

While the judge found that Nyaga unlawfully caused Ndiuni’s death, the court held that the prosecution had failed to prove malice aforethought as required under Section 206 of the Penal Code for a murder conviction. 

He was therefore acquitted of murder but convicted of manslaughter.

In sentencing, Justice Kiarie noted that Nyaga had grossly abused the authority entrusted to him as a police officer.

“As a police officer, the public entrusted him with the responsibility of ensuring security for all. To whom much is given, much is equally expected,” the judge stated.

The court further observed that by brutally beating the deceased and leaving him overnight without medical assistance, the officer had betrayed public trust.

The case was investigated by the Independent Policing Oversight Authority, while International Justice Mission—Kenya represented the victim’s family as counsel during the proceedings.

The International Justice Mission (IJM) Kenya represented the deceased as victim's counsel.

The killing, which occurred in May 2020, drew attention to the use of excessive force and the accountability of law enforcement officers. 

The 30-year sentence marks one of the most significant custodial terms imposed on a serving officer in connection with unlawful killings in recent years.