The National Police Service and the civilian oversight body against police officers, the Independent Policing and Oversight Authority (IPOA) have launched parallel investigations into the separate killing of two men that sparked violent protests in Chuka town in Tharaka Nithi county.
On Saturday April 8, 2023, Willis Mugambi, the chairman of a local boda boda riders’ association, was shot dead while protesting the killing of a resident, Daniel Mutembei five suspects he mentioned by name hours before he succumbed to injuries.
According to police probe findings, Mutembei was assaulted by five people on March 18, 2023 at about 9 pm.
He later mentioned the names of the people he claimed assaulted him and died on March 19, at the Chuka Referral Hospital where he had been admitted.
“Before his death, he had mentioned Newton Mutwiri, John Gitari, Jadiel Kinyanjui, Kirimi Ngari and Nyaga Gitari to be the ones who had assaulted him,” police said in a statement.
This prompted police to commence a search for the suspects but no arrests have been made so far since the accused obtained anticipatory bail barring their arrest.
Police said the suspects rushed to High Court in Chuka and filed application criminal case number E007/2023 on March 27, 2023 seeking anticipatory orders which was granted at a bond of Sh500,000 each and the mention of the case was set on April 12, 2023.
Yesterday, IPOA chairperson Anne Makori said Mugambi’s death on Saturday occurred due to police action, hence the probe.
“The shooting incident occurred after police responded to enforce public order management as demonstrators protested the killing of a man by civilians in Chuka Township. Section 25 (1) of IPOA Act, demands that ‘the Authority shall investigate any death or serious injury including death or serious injury while in Police custody, which are the result of Police action or were caused by members of the Service while on duty.” Makori said.
Already, IPOA has dispatched a rapid response team to Chuka to probe the incident.
Earlier, Interior Cabinet Secretary Kithure Kindiki said the government had also sent teams to Tharaka Nithi to look into a spate of attacks on civilians in the recent past.
Kindiki, in a statement on Sunday, said the government would conduct “impartial” investigations and make sure justice was served to the victims.
“Tonight, high-level investigative teams have been dispatched to Chuka Town to take over enquiry and recommend legal action on those found responsible for the death of one-person last week as well as a second person shot dead during the demonstrations that caused the blocking of the Embu- Meru Highway most of the afternoon today.” Kindiki said.
The Chuka Police Station Commander (OCS) Chuka has since notified the IPOA’s office in Meru, of the incident.
Makori observed that upon conclusion of investigations, the authority shall take appropriate action including recommending to the Director of Public Prosecutions the prosecution of any person found culpable.
“Any person(s) at whom evidence will point shall face the course of justice. Condolences to the families and friends of the two deceased persons and to the affected communities. Residents are urged to remain calm and allow impartial investigations following which prosecution shall ensue.” She noted.
Meanwhile, the Azimio One Kenya coalition condemned the killing of Mugambi, saying any officer behind the shooting should be held accountable for their actions.
“We condemn the tragic incident in Chuka town, where the Boda Boda Chairman Willis Mugambi was fatally shot while peacefully protesting – a legitimate right that is protected by the constitution,” the opposition coalition said in a tweet yesterday.
“The police must uphold all constitutional provisions that safeguard peaceful protests, and be held accountable for violations.” The post added.