Former police constables William Chirchir and Godfrey Kirui found guilty of killing Janet Waiyaki at City Park in May 2018 have been sentenced to seven years in prison each.
The two ex-cops were sentenced by Milimani High Court Judge Stella Mutuku. She found them guilty of murdering 41-year-old Waiyaki on May 11.
Justice Mutuku said the two ex-cops used excessive force yet the occupants of the back Toyota fielder being driven by Waiyaki posed no danger.
Waiyaki was with her nephew Bernard Chege in the vehicle when the shootout broke.
“They behaved rashly and opened fire with the intent to kill,” she noted in her judgment.
She said that the two officers had other ways to stop Waiyaki other than shooting at her.
“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.”
“The offence of manslaughter has been proved against the two suspects. I found the two accused persons guilty of manslaughter and not murder,” she said.
The late Waiyaki left behind three children.
On May 13, Kirui and Chirchir appeared before Justice Mutuku and asked the court for a non-custodial sentence.
They told the court that they regret the incident at City Park on the fateful Sunday morning and they now know they could have made better judgment other than opening fire on the vehicle.
In his defence, Chirchir, 36, told the court that he has two kids to look after and an elderly mother who he takes care of.
On his part, Kirui, 28, told the court that he is a father of two and he is the sole breadwinner for the family.
The Prosecution team told the court that the two ex-cops took away life without considering that she was a mother.
“The children will live the rest of their lives without the care of a mother. The young one has been waiting for the mother to come back,” the court was told.
