Monday, July 19, 2010

Kenya's AG appeals against policeman acquittal

Written By:Dzuya Walter/Lempaa Suyianka , Posted: Mon, Jul 19, 2010

Attorney General Amos Wako has formally filed an appeal challenging the acquittal of a police officer accused of shooting two people at the height of the 2008 post election violence in Kisumu.

Constable Edward Kirui was set free last month with the court ruling that the bullets used in the killing did not match his gun.

There were claims that police had submitted for ballistics tests a different firearm from the one that was used to shoot the two.

In setting Kirui free justice Fred Ochieng blamed the prosecution of not doing enough to prove the case against the constable.

On Monday however, Wako said the judge based his judgment on the first account only while Kirui was charged with two counts.

He further agues that the court found that the person who shot the two demonstrators had the intention of killing and that he was positively identified.

The acquittal caused an uproar with critics arguing that the constable was captured in a video clip that was shown by a local television station.

Kirui had been charged with killing Ismail Chacha and William Onyango at Kondele market in Kisumu, on January 16 2008 after he was reportedly captured on video shooting at the protesters.

However Kirui defended himself claiming that before he was arrested he returned his firearm with 36 rounds of ammunition intact contrary to evidence by the prosecution that his gun was used to shoot the victims.

Mr Kirui also questioned the truthfulness of evidence given by some witnesses who said they saw him at the scene of the crime, arguing that he was never subjected to an identification parade.

A total of 21 witnesses who were called by the prosecution testified against Mr Kirui including a journalist for UK's Channel 4 Lucy Hannan who was covering post election violence in Kenya and who said the officer who was camouflaged, ran after two young men and then fired at them.

1000 people were killed and over 300,000 others displaced in Kenya's post-election crisis.

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