Cops who shot businesswoman at City park in 2018 found guilty of manslaughter

Two police officers who shot a businesswoman dead at City Park in 2018 have been found guilty of manslaughter by a Nairobi court. 

The late Janet Waiyaki was fatally shot by police constables William Chirchir and Godfrey Kirui on the morning of May 20, 2018, while in a car with her nephew, Benard Chege.

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

According to the judge, the deceased and the other occupants of the vehicle posed no danger to the officers. Furthermore, there was no crime committed. 

She also pointed out that the officers did not fire in the air or deflate the tires because the deceased was shot in the passenger seat, yet they had not recognized the occupants at the time the car pulled away. 

The judge stated, “They behaved rashly and opened fire with the intent to kill.” 

“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 added. 

On the fateful day, Janet Waiyaki, 43, died as her 26-year-old counterpart was left in critical condition after police officers sprayed their car with bullets at City Park, Nairobi. 

A police statement reported that a county security officer reported the suspicious vehicle, Toyota Fielder KBX 515 H, parked within the park and police officers from Makadara who were on patrol in the area responded and found the car with all windows tinted and closed.

Reportedly, the officers knocked on the windows to no response after which the car suddenly sped off towards the road, prompting two of the police officers to fire a combined 11 rounds of ammunition at the car.

After firing the shots, the car "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,”

Chege was admitted and Janet was pronounced dead at Avenue hospital where they were rushed

after they were both found half naked and with gunshot wounds.