Police officer jailed 30 years for killing prison warden in Kitale

Police officer Ali Ahmed at the High Court in Eldoret

A police officer who shot dead a prison warden in Kitale town two years ago has been sentenced to 30 years in jail for murder.

High Court judge Reuben Nyakundi handed the sentence to Ali Ahmed Mohammed, who was found guilty of killing Anthony Areutum during a scuffle at a pub in Kitale on February 2, 2024.

Justice Nyakundi rejected a last-minute plea by the defence to reduce the charge from murder to manslaughter after the accused argued that the shooting was accidental.

The judge ruled that the prosecution had proved its case beyond reasonable doubt and found no mitigating factors to warrant a lesser charge.

The court heard that the police constable shot the prison warder at a wines and spirits outlet in Kitale town and later shot himself in what police described as an attempted suicide.

The incident occurred at about 3.50pm at a drinking joint a stone’s throw from Kitale Law Courts. The deceased, who worked as a driver, was waiting to transport remandees to Kitale Main Prison.

Witnesses told the court that the two men had been drinking together when the warden noticed the officer carelessly displaying his firearm, which was tucked at his waist.

He approached the officer and advised him to secure the weapon. Although he briefly returned to his seat, he went back a second time after noticing that the gun was still being handled carelessly.

Moments later, gunshots rang out, sending patrons fleeing for safety.

In his defence, Ahmed claimed the deceased touched the gun, causing it to discharge accidentally.

He said two bullets were fired, one fatally injuring the warden and another injuring himself.

The prison officer died on the spot. In his sentencing, Justice Nyakundi emphasised that the right to life is protected both by law and moral principles.

He said accused had shown no remorse. “You never even approached the family of the deceased to apologise for causing the death of their son,” the judge said.

The court found that aggravating factors outweighed any mitigation and dismissed a request for a non-custodial sentence.

Although the accused pleaded for leniency, citing his age (30) and injuries, the judge noted that he was a trained officer entrusted with handling firearms responsibly.

Justice Nyakundi dismissed the claim that the shooting was accidental, stating that the officer had a duty to secure the weapon.

“What happened cannot be described as accidental or provoked. The deceased only sought to ensure the firearm was handled safely,” he said.

The judge further noted that there was no evidence the firearm was defective and no indication that the accused had taken steps to secure it despite being warned.

A postmortem report also did not support claims of an accidental shooting.

“You are accountable for the gun. You had the opportunity to avoid this incident, but you did not. Had you acted differently, the deceased could still be alive,” the judge ruled.

The court declined a request by the victim’s family, led by his father Elijah Areutum, to impose the death sentence.

“I do not find this case among the rare ones that would warrant the death penalty,” Justice Nyakundi said. He added that sentencing is not a mathematical exercise but requires careful balancing of all circumstances.

“I therefore sentence you to 30 years in prison. You have 14 days to appeal,” he concluded.

Speaking after the ruling, Mzee Areutum expressed dissatisfaction with the sentence.

“We expected the court to impose the death penalty. We will now go back home and pursue traditional justice. The deceased was everything to us and we will never see him again, yet the accused will continue to receive visits in prison,” he said.