, NAIROBI, Kenya, Apr 30 – A former police officer accused of shooting and killing two protesters in Kisumu at the height of the 2008 post-election violence now claims that he was framed.
In his defence, Edward Kirui told Justice Fred Ochieng he did not commit the offense but was implicated.
Mr Kirui was giving his side of the story after he was put on his defence by Justice Ochieng who ruled that the accused had a case to answer.
Justice Ochieng had held that evidence adduced by the ballistic expert during the hearing of the case showed that bullets recovered from the bodies of the victims were fired from the firearm that was used by the accused on the fateful day.
But Kirui told the court on Friday: “I did not commit the offense as alleged. Police implicated me because I happened to be at the scene of crime when the incident occurred.\’\’
The suspect vigorously denies that he shot and killed Ismael Chacha and George William Onyango on January 16, 2008 at the height of post election violence at Kondele Market.
Separately, the Court of Appeal has upheld a High Court decision that nullified the election of Omingo Magara as South Mugirango MP.
Two appeal judges Riaga Omollo and Phillip Tunoi confirmed the decision of Justice Daniel Musinga and threw out an appeal lodged by Mr Magara.
The judges agreed with justice Musinga that the South Mugirango parliamentary election was not held in a transparent, free and fair manner.
They observed that a recount and scrutiny of votes cast could not cure the anomalies and irregularities that marred the parliamentary election process even though the court confirmed that Mr Magara had actually won the vote count.
Justices Omollo and Tunoi said that election process goes beyond simple arithmetic, “it is not solely about the winner and loser as it also concerns voters and their interests should also be considered\’\’.
They added that no explanation was given following the refusal by presiding officers at polling stations to sign form 16A.
“For that reason, we confirm the High Court\’s decision and strike out the petition,\’\’ they declared on Friday.
Mr Magara lost his seat after Manson Nyamweya successfully challenged his election, saying the 2007 parliamentary elections were marred with massive irregularities.
However , justice Erastus Githinji sitting on the same bench had a different opinion and set aside justice Musinga\’s judgment saying most of the anomalies complained of by the petitioner were cured when the scrutiny and recount of votes was done.