A senior police officer linked to the killing of Whitney Atieno, a 19-year-old secondary school student at Lake View estate, in Nakuru City, is walking free one year after the incident that sparked protests among residents.
Whitney Atieno’s family has asked authorities to hasten investigations so they can get justice for her death.
Atieno, who was a form four student at Nakuru Central Secondary School, was allegedly shot by the officer, then an Officer Commanding Police Station, who was on routine patrol on June 12 last year during an operation to flush out the outlawed ‘Confirm’ criminal gang from the area.
On that day, Atieno had gone to a salon a few metres from her family home to plait her hair in preparation for school. She tagged along her best friend, 18-year-old Ruth Waithera. A little while later, they heard a commotion and went outside to witness what was happening. At that time, the officer fired his gun, hitting Atieno and Waithera. The two were rushed to hospital.
Waithera was seriously injured and was left nursing wounds. However, Atieno died at the Nakuru Level Five Hospital while receiving treatment and a post-mortem done on June 23, 2022 revealed that she had a single bullet wound in her chest.
Government Pathologist Titus Ngulungu said the bullet went through the front part of the abdomen and exited on the lower back, and the morphology of the wound indicated the shot was fired at close range, estimated to be not more than 50 metres away.
“As a result of my examination, I have formed the opinion that the cause of death was massive blood loss due to a single gunshot to the abdomen,” he said.
Atieno was buried on July 2, 2022 in Ukwala, Siaya County.
However, one year later, Atieno’s family says justice remains elusive. Atieno’s father Leonard Ogunyo says her death left a permanent scar in his soul.
“Since my daughter was killed by a person who meant to protect the life of citizens, justice has remained elusive. I am not sure whether we will eventually get justice for my daughter. The police officer who shot and killed him was transferred and still remains in service in a station within Nakuru,” he said.
The family had recorded statements with the Independent Policing Authority Oversight Authority (IPOA) and also at Bondeni Police Station where the police officer was an OCS. Mr Ogunyo, 54, a matatu tout in Nakuru City, says that whenever they inquired about the investigation, officers at Bondeni Police Station took them in circles, leaving them with no hope of securing justice.
“My daughter was the family light at the time a police bullet ended her life. She had a very bright future. She was a very bright, hardworking and disciplined girl, who hoped to join university. We had so much hope in her. As of now I do not know if I will ever get justice,” the father told Nation.Africa amid tears.
“Days have turned to months and months to years, but every moment justice appears to fade away,” he added.
“It has been a tough journey that I do not wish anyone to go through, but God has stood with my family. We have gone through pain and agony as we seek justice for my daughter, but we hope her killer will one day be brought to book,” added the father.
According to Nakuru East Sub-County Police Commander Martin Wekesa, the IPOA took over the matter and are still conducting investigations. The file should then be forwarded to Nairobi for action.
The Nation on Wednesday learnt that the accused officer is still working even as IPOA investigates the matter. It emerged that the officer was transferred to another working station in Mau Narok, within Njoro Sub-County, instead of action being taken against him.
"We are not the one conducting investigations. IPOA took over the matter as it involved a police officer. They will forward their findings for action. In the meantime, the officer is still at work as the investigations are going on; he was only transferred to another station," revealed Mr Wekesa.
IPOA Nakuru regional coordinator Josephat Kaimenyi said they have completed their investigations and forwarded the file with recommendations to their legal committee in Nairobi, which he said will go through the file before making further recommendations.
He said the committee will later forward the file to the ODPP, who will make an opinion based on their investigations on who to charge before a court of law.
However, it is not clear why the officer, who has the capacity to influence investigations into the matter, was not interdicted to allow for the probe.
Nakuru Human Rights Network Director David Kuria in an interview said the family had been denied justice and urged relevant agencies to speed up investigations.
“It is unfortunate that a young life was lost and yet no action has been taken against the officer who was involved. She was preparing to sit for her exams when her life was taken away. We just want the family to get justice. I call upon all relevant agencies to speed up the probe and have the culprit brought to book,” said Mr Kuria.
On the day of the incident, Atieno had gone to a salon a few metres from her family home to plait her hair in preparation for school. She and other people later went outside when they heard a commotion. At that time, the officer fired his gun, hitting Atieno and Waithera. The two were rushed to hospital
Atieno died at the Nakuru Level Five Hospital while receiving treatment and a post-mortem done on June 23, 2022 revealed that he had a single bullet wound in her chest.
Government Pathologist Titus Ngulungu said the bullet went through the front part of the abdomen and exited on the lower back, and the morphology of the wound indicated the shot was fired at close range, estimated to be not more than 50 metres away.
“As a result of my examination, I have formed the opinion that the cause of death was massive blood loss due to a single gunshot to the abdomen,” he said.
