NAIROBI, Kenya Feb 25 – NAIROBI, Kenya Feb 25 – Interior CS Kipchumba Murkomen has revealed that investigations into the fatal shooting of Victor Kipngeno Mutai are at an advanced stage, with the case file currently undergoing further review after initial gaps were identified by the Office of the Director of Public Prosecutions (ODPP).
Murkomen told the Senate that the matter, initially investigated by the Directorate of Criminal Investigations (DCI), was returned for additional inquiries, signaling possible prosecutorial action once outstanding issues are addressed.
He assured lawmakers that any officer found culpable would be charged, emphasizing that obstruction of justice or evidence tampering constitutes a separate criminal offence.
“On 2nd December 2024, the ODPP returned the file to the Directorate of Criminal Investigations (DCI) with instructions to address identified gaps. Concurrently, the Independent Policing Oversight Authority (IPOA) initiated its own investigations into the matter,” the CS said.
Murkomen, was responding to a question by Nominated Senator Joyce Korir on the status of investigations into the death of Mutai who was fatally shot during a security operation involving officers from Silibwet Police Station in Bomet County.
CS Murkomen informed the House that on 23rd July 2024, seven police officers on patrol received intelligence reports indicating that individuals were selling illicit alcoholic beverages at Masese Market. Upon arrival, officers reportedly found a large group consuming the illicit drinks. When they attempted to effect arrests, the group allegedly turned hostile.
In an effort to disperse the crowd and restore order, the officers discharged warning shots into the air. During the ensuing confrontation, Mutai sustained fatal injuries.
The incident was formally reported and recorded at the station under OB No. 20/23/07/2024 at 2115 hours.
Investigations commenced immediately, with the Directorate of Criminal Investigations (DCI) in Bomet Central opening Inquiry File No. 02/2024. Upon completion, the file was forwarded to the Office of the Director of Public Prosecutions (ODPP) on 12th September 2024 for legal review and advice.
All officers who were on duty during the incident recorded statements, and the firearms surrendered were forwarded to the National Forensic Laboratory for ballistic examination to preserve evidentiary integrity.
On measures to prevent interference in investigations involving police officers accused of extra-judicial killings, CS Murkomen stated that safeguards have been instituted to ensure accused officers have no access to case files or witnesses.
He added that the Witness Protection Agency offers protection programs for both civilians and officers who may serve as witnesses.
Further, he emphasized that courts have the authority to monitor investigations, compel the production of evidence, and sanction delays or obstruction.
Obstruction of justice, witness intimidation, destruction or alteration of evidence, and collusion to cover up unlawful killings constitute separate criminal offenses.
Officers found culpable of criminal conduct or serious disciplinary breaches are promptly interdicted pending the outcome of investigations.
The CS also directed all members of the Service to fully cooperate with oversight bodies, particularly IPOA, during investigations involving police conduct.
He noted that forensic evidence and ballistic reports are centrally managed to safeguard their integrity and prevent tampering or undue influence.
