The trial of a police officer over the murder of a 21-year-old man in Likoni eight years ago has exposed the extent to which some senior police officers can go to shield their juniors from accountability instead of ensuring justice for victims of police brutality.
Police Constable Yunus Athman was found guilty of murdering Mbaraka Maitha Omar, who was shot twice at close range at their home in Likoni, Mombasa County, on September 10, 2018.
The court heard that Chief Inspector Patrick Lumumba, then the Officer Commanding Station (OCS) at Inuka Police Station, attempted to cover up the killing by falsely claiming that a panga had been recovered next to the deceased, yet none of the eyewitnesses saw any such weapon.
However, the High Court in Mombasa rejected Mr Lumumba’s account, finding it inconsistent and intended to conceal the excessive force used by the junior officer. The court noted that it was suspicious that Mr Lumumba, as the first senior officer at the scene, could not account for how he handled the alleged weapon, which was never produced in court as an exhibit.
“It can only be concluded, as the investigating officer said, that the OCS wanted to cover up for Athman after he fatally shot the young man,” the court ruled.
Police Constable Yunus Athman, who is accused of the murder of Mbaraka Maitha Omar, a resident of Mwenza Village in Mtongwe, Likoni Sub-County, Mombasa, as he appeared before the High Court on October 22, 2025.
Photo credit: Kevin Odit | Nation
The deceased’s brother, Mbaraka Baya, told the court that on the material day, three people, Mr Athman, Mr Mohamed Karega, and a boda boda rider, arrived at their home at around 10.00 am.
Mr Athman, dressed in civilian clothes, entered the house with the others. Mr Baya followed them, curious about their mission since Mr Karega was their madrassa teacher. He saw Mr Karega point at his brother and say, “This is the one, finish him.” Moments later, Mr Athman drew his gun and shot Mr Omar at close range before turning the weapon on him, forcing him to flee for his life.
Mr Karega, who later became a State witness, testified that he had reported a case of stolen goats weeks earlier and that the area chief had directed him to the police. On the day of the killing, he called Mr Athman for help in tracing a suspect. The officer arrived with a boda boda rider, and the three went to Mwanza Village, where Mr Omar lived.
Strangely, the boda boda rider, Albert Wekesa was later found murdered in unclear circumstances. He was an eyewitness to the murder of Mr Omar, since he had taken Mr Athman to the crime scene.
Mr Karega said he was outside when he heard a gunshot and rushed out to find Mr Omar lying dead. He confirmed that the victim was unarmed and sitting on the verandah, adding that the deceased was not the real suspect in the goat theft.
Police Constable Yunus Athman, who is accused of the murder of Mbaraka Maitha Omar, a resident of Mwenza Village in Mtongwe, Likoni Sub-County, Mombasa, as he appeared before the High Court on October 22, 2025.
Photo credit: Kevin Odit | Nation
Mr Lumumba told the court that the machete he saw beside the body was recovered by the investigator, Charles Onyango, but it was never presented in court. He said he could not remember whether the recovered machete was documented.
A post-mortem report showed that Mr Omar died from hemorrhagic shock due to gunshot injuries. The bullets caused severe head trauma, damaging major blood vessels and the brain.
Investigations led by Senior Investigations Officer James Njuru established that Athman’s firearm was the murder weapon. Two spent cartridges, bullet fragments recovered during the post-mortem, and the officer’s pistol were subjected to ballistic examination, which confirmed that the bullets had been fired from his assigned gun.
Chief Inspector Charles Onyango, who was then the Deputy DCIO in Likoni, initially handled the case but later handed it over to the Independent Policing Oversight Authority (Ipoa).
He testified that after completing preliminary investigations, he compiled a file and recommended that an inquest be conducted, at which point Ipoa took over the matter for further investigations.
Ipoa investigator Nicodemus Kibor testified that ballistic evidence was forwarded to Nairobi for expert analysis, which reinforced the findings linking Athman’s gun to the fatal shots.
Mr Njuru also told the court that none of the 15 witnesses mentioned the presence of a machete, despite Lumumba’s report claiming one had been recovered. He said the OCS falsely recorded the existence of the weapon to shield Athman from murder charges.
He added that he did not recover any machete, as Lumumba had claimed to have handed it to Onyango, the then DCIO. However, Onyango denied ever receiving such a weapon.
Police Constable Yunus Athman, who is accused of the murder of Mbaraka Maitha Omar, a resident of Mwenza Village in Mtongwe, Likoni Sub-County, Mombasa, as he appeared before the High Court on October 22, 2025.
Photo credit: Kevin Odit | Nation
In his defence, Athman admitted shooting Omar but claimed he acted in self-defence, alleging that the deceased had a machete and charged at him. The court, however, dismissed the claim, noting that no eyewitness saw the deceased armed or behaving aggressively. On October 23, the judge ruled that Athman’s actions were deliberate and driven by malice.
“Athman aimed at the head of the deceased instead of the hand that he allegedly held the machete. He did not only shoot once but, after the first shot, he bent over the helpless boy and fired again at very close range. His conduct demonstrated malice aforethought,” the court observed.
The court further held that the gravity of the injuries inflicted confirmed the officer’s intention to kill, finding him guilty of murder.
