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Benjamin Kahindi Changawa & Stanley Okoti v. Republic

(2020) JELR 105756 (CA)

Court of Appeal  •  Criminal Appeal 99 of 2019  •  19 Jun 2020  •  Kenya

William Ouko, Agnes Kalekye Murgor



This is yet another incident involving reckless use of firearm by the police leading to senseless loss of lives of three innocent people. On 6th October, 2014 Joseph Obongo Onchuru, an administration police officer, ( APC Onchuru) attached to the residence of a Member of Parliament in Loresho, Nairobi, armed with an officially issued Ceska Pistol Serial No. F9628 with 12 rounds of ammunition and in the company of his relatives, Geoffrey Nyabuto Mogoi (Nyabuto) and Amos Okenye Makori (Makori) and two other people, went to M-Club in Kangemi. Save for APC Onchuru, who is said to have gone to the back of the Club where he sat alone, the rest ordered for and took some alcoholic drinks. It is not clear why he sat alone at the back of the club without a drink. At one point he took to the dancing floor with one of the female bar attendants. It is this attendant who noticed that he was armed with a pistol and drew the attention of the watchman to this fact. In turn, the wa…

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