Controversy surrounds the death of James Ndung’u, 37, who was shot dead by police in Maragua town, Murang'a County, on July 23, 2026, amid conflicting accounts of what happened.
While police insist that the man was a criminal who, in the company of two others, had kidnapped a local teacher and was demanding ransom along a backstreet about 50 metres from Maragua Police Station, other independent witnesses insist the three were smoking bhang.
In the third theory fronted, the deceased’s family insist that Ndung’u had a month earlier been released from jail after serving 10 years sentence for robbery.
“Several police officers had tipped us that there was an order that had been issued that Ndung’u be eliminated in the name of securing Maragua town and its environs,” said a member of the family who sought anonymity.
Yet, Ndung’u is now dead and cannot tell his story about how he met his death and was buried together with his real story at Maica ma Thi village on August 6, 2026.
The body of James Ndung'u, who was shot dead by Maragua police officers on July 23, 2026, is removed from Murang'a Level Five mortuary on August 7, 2026, for burial in Maica ma Thi village, Murang'a County.
Photo credit: Mwangi Muiruri | Nation
A police incident report by Maragua police station states that the deceased, while in the company of two others, kidnapped a local male teacher as he was heading home.
“They herded him to a secluded backstreet and ordered him to give them money so as to be released. The amount demanded was Sh100,000,” the report reads.
According to the report, the teacher requested his kidnappers to allow him to call his friends so that the money could be sent.
“It is then he called a police officer from his Kisii tribe and informed him of the kidnap and location,” the report notes.
“Upon being told to surrender, two of his colleagues escaped while Mr Ndung’u charged at one of the officers with a machete raised ready to attack. One of the officers fatally shot him and was declared dead at Maragua Level Four hospital before the body was transported to Murang’a Level Five hospital mortuary,” the report states.
But Mr Simon Kiragu, who says he was on his way to the nearby Murang’a-Kenol road to get a matatu to his Sabasaba town home he encountered three males smoking bhang.
“I used to smoke it…so I can tell how it smells…Those three were smoking bhang. It was not my business, so I just said hi to them and went past them. It was about some minutes to 10pm. About 10 metres past the three, I encountered three police officers and I froze. They did not engage me,” he said.
He says about a minute later he heard three gunshots, and he ran away.
“While at the stage that I saw a police vehicle going to the gunshots scene. Some civilians were also going to the scene. I followed them. I saw a man down bleeding from the chest. He looked dead. He still had a burning roll of bhang on his right hand fingers…” he said.
In the police incident report, “the suspect was holding a machete”.
A post-mortem conducted on August 5, 2026 indicates that Mr Ndung’u died from severe haemorrhages and multiple injuries caused by a single gunshot wound.
The post-mortem established an entry wound of 0.8cm on the right anterior chest wall and an exit wound of 3cm on the back. Two projectile fragments were recovered beneath the exit wound, with an X-ray also showing a fragment in the lumbar region.
The body of James Ndung'u, who was shot dead by Maragua police officers on July 23, 2026, is removed from Murang'a Level Five mortuary on August 7, 2026, for burial in Maica ma Thi village, Murang'a County.
Photo credit: Mwangi Muiruri | Nation
Internal injuries included a 150ml right haemothorax, lacerations to the right lung and liver, a fracture of the T12 vertebra and a transected spinal cord.
The bullet path traversed the chest, lung, diaphragm, liver, spine and exited at the back.
The deceased’s elder brother, Mr Peter Karani, told Nation that the circumstances leading to the death remain a mystery.
“We are not well briefed whether my brother was shot dead for smoking bhang, kidnapping a teacher and demanding ransom or was eliminated. The poverty in our family cannot afford us to seek those answers. We can only ask them. But he is dead. We leave the whole issue to God,” he said.
“Based only on entry/exit and damage, high-velocity rifle round, likely 7.62mm was used,” it noted.
Murang’a County police commander Mr Cleti Kimaiyo said the matter has since been taken over by the Independent Police Oversight Authority (IPOA).
A preliminary report by IPOA at Maragua Police Station indicates that “the officers involved have recorded statements, their weapons secured and the postmortem report obtained as investigations continue”.
Human rights lawyer Sarah N'thiga Nyutu told Nation that the case seeks to investigate the police's use of firearms, as set out in the National Police Service Act 2011 and the National Police Service Standing Orders.
“The law says lethal force is a last resort. Police officers are only supposed to shoot to kill a suspect when in self-defense or defense of others. Or, when preventing escape of a dangerous suspect(s),” she said.
She added that when arresting or preventing the escape of a person reasonably suspected of committing a serious offence like murder, robbery with violence, terrorism –and that person poses an imminent threat of death/serious harm if they escape—police are allowed to use lethal force.
Maragua Police Station.
Photo credit: Mwangi Muiruri | Nation
She said Ndung’u’s death needs to first be ascertained, including the circumstances prior to the shooting.
“Was he a threat to anyone? Was he armed with a weapon that could not withstand three officers armed with three rifles? Could he have been subdued with lesser force?” she posed.
“You don’t shoot suspects for petty offences. Before use of lethal force you must issue a warning. Unless in an active armed combat, all other lethal force disturb the law. It is hard to justify lethal force where logic states the suspect could have been subdued,” she said.
She said there is a grave risk if all police shootings are left to go unaccounted for “since we are aware of incidents where trigger-happy individuals discharge lethal force as if it were a sport”.
