Police officer detained for killing trader inside station

A police officer who allegedly shot a trader 10 times, killing him on the spot at a police station in Nairobi, will usher in the New Year in custody.

Administration Police Constable Edgar Mokamba appeared before Milimani Law Courts Senior Deputy registrar Ms Jane Kamau on allegations of shooting dead Zachary Makuto Simwa on December 30, 2020.

The officer is accused of fatally shooting Simwa using an AK-47 rifle at the parking bay of Nyari Police Patrol Base within Westlands sub-county, Nairobi.

The incident occurred after the two had spent time together chewing miraa inside the trader’s car (Probox Reg KCY 531L).

“Simwa drove into Nyari Police Patrol Base then parked his vehicle. He was later joined by APC Mokamba who had been on night patrol. He was his friend,” Ms Jane Kamau, a senior deputy registrar at Milimani Law Courts, heard.

On the said day, it is alleged that the suspect and Simwa began chewing miraa inside the vehicle. Then around 9.30pm, the sound of gunfire reverberated inside the station.

The investigating officer, Corporal Charles Odhiambo, told the court that it was then that the officer in charge of Nyari Patrol Base, Sgt Solomon Maundu, arrived at the scene.

“Sgt Maundu found APC Mokamba at the scene looking confused and shaken. He disarmed the suspect and placed him in custody before Sgt Maundu reported the shooting to his seniors,” Cpl Odhiambo told Ms Kamau when he pleaded to have the suspect detained for eight days.

When Sgt Maundu peeped inside the vehicle, he saw blood oozing from Simwa’s cheek.

Ten spent cartridges which Sgt Maundu recovered from the scene which will be subjected to ballistic examination alongside the AK-47 rifle which had been issued to the suspect when he was dispatched for night duties.

Urging the court to detain the suspect for eight days, Cpl Odhiambo said he will escort him to the Mathari National Training and Referral Hospital for a psychiatric evaluation.

“The family of the deceased needs to identify the body for an autopsy to be carried out,” said Cpl Odhiambo.

Ballistic examination

Other than the firearm being taken for ballistic examination, Simwa's cell phone will also be subjected to forensic examination.

Cpl Odhiambo urged the magistrate to direct the suspect to be detained at the Gigiri Police Station for eight days to assist in completion of investigations and recording of witness statements from persons within and without.

Upon completion of the interrogation and processing of the suspect, a murder case will be filed against the accused (Mokamba).

Ms Kamau was urged to detain APC Mokamba to enable Cpl Odhiambo finalise investigations which will entail mental assessment of the suspect besides ballistic examination of the AK-47 rifle which was recovered from the suspect.

In her ruling, Ms Kamau allowed the police request and directed the suspect to be detained for six days.

“I note that the suspect was arrested on December 30, 2020. Police need time to conclude investigations before formally charging the suspect with murder,” Ms Kamau said.

She ordered the suspect to be detained at Gigiri Police Station until January 7, 2021 when he will be produced in court.