The Independent Policing Oversight Authority (IPOA) has recommended that two police officers be cleared of misconduct following an incident in which two men were shot and injured at Merti, Isiolo county.
The investigation established that Daudi Huka Galgalo and Barak Edin Halakhe were riding on two motorcycles, at about 4.30am along Merti – Malkadaka – Barmbate Road before they bumped on police officers.
The duo had left Gafarsa, where they had taken the rest after the ride that had started in Merti at around 6 pm the previous day, however they barely made it to the intended destination – Barmbate – because on reaching Madogaya, they ran into police officers who were travelling in a white vehicle.
“Three of the four officers were in police uniform. They were later transferred to Isiolo County hospital. Due to the extent of the injuries sustained, Edin was later admitted at Meru Level Five hospital. He was discharged after two weeks and placed in custody at Isiolo Police Station,” stated IPOA.
They were charged with trafficking cannabis sativa, an illegal drug known colloquially as bhang, at the Magistrate’s Court in Isiolo on April 23, 2019 and April 25, 2019.
They denied the charges and one of the riders stated in a statement to the Authority that each of them was carrying eight-five (85) kilograms of bhang on their motorbikes, having purchased the consignment from a dealer in Moyale.
IPOA investigators further examined police reports, which indicated that acting on “intelligence” the officers had left their station at Merti with the aim of arresting suspects who were transporting bhang, which was recovered in “thirty-six (36) bales.”
After six months of trial, Chief Magistrate SM Mungai found Edin guilty of the offence and sentenced him to fifteen (15) years in prison with an alternative fine of five (5) million shillings.
The sentence was reduced to six (6) years on appeal while the other matter is pending at the court. In its recommendations, IPOA also referred to the National Police Service Act, which in part says a police officer may use arms against “any person who by force prevents or attempts to prevent the lawful arrest of himself or of any other person.” The Authority also noted: “That the police officers were justified to shoot with an aim of immobilising the escaping suspects who were transporting narcotic drugs.”
“IPOA does not exist to find fault in the actions of police officers. The law is clear that IPOA shall enhance public confidence and trust in law enforcement. In doing so, it is explicit that death and serious injuries that occur when police officers are carrying out their duties, are investigated by the Authority. In the spirit of accountability, where the actions of police fall below the lawfully stipulated demands, the culpable officers are prosecuted. On the other hand, the same law exonerates officers whose actions are in accordance with the law, like in this case,” said Chairperson Anne Makori.