NAIROBI, Kenya, May 13- A night guard was on Thursday morning shot dead, after a quarrel with a senior detective in Kayole area, within Nairobi County.
The guard had allegedly failed to open the door of a lodging for the Embakasi Directorate of Criminal Investigations boss Simon Mwongela, who in return removed his gun and shot him.
“He died instantly,” a witness told Shahidi News.
According to witnesses and police reports, Mwongela was dropped off at Red Square Hotel in Kayole, Nairobi county by unidentified friends at around 2am Thursday and later proceeded to the lounge area of the hotel.
Despite attempts from the hotel staff to assist him check-in, DCIO Mwongela allegedly refused any assistance only for him to take a nap on the sofa later engaging in altercation with the staff.
“He became violent and demanded to be directed to his vehicle, we told him that he had been dropped off, this is when he drew his gun and threatened to shoot us.” said a staff at the hotel.
The officer then proceeded to push them out of the hotel through the rear door and upon sensing danger, the staffers then quickly rushed back to the hotel and closed the door hiding inside one of the rooms.
“We shortly after heard gunshots and immediately called the police. Afterwards we learnt that a security guard identified as Lapaja Topiwo had been shot dead.”
The deceased, was shot twice on the chest. Homicide detectives at the scene recovered two 9mm spent cartridge.
His jericho pistol and a magazine loaded with 11 rounds of 9mm ammunition were recovered and admitted as exhibits.
DCIO Mwongela has since been arrested over the incident, police said.
Inspector General of Police Hillary Mutyambai said investigations are ongoing to establish what caused the incident.
He however said the detective is set to be arraigned.
The body of the deceased is being preserved at the Nairobi city Morgue.
-Police officers convicted for killing-
The incident happened days after two administration police officers were convicted over the killing a businesswoman in 2018, at Nairobi’s City Park.
Constables Kipkorir Chirchir and Godfrey Kipng’etich Kirui were found guilty of manslaughter in the death of Janet Wangui Waiyaki.
They shot at Wangui and her nephew Benard who was in a car and claimed that they were responding to a terror alert.
Bernard and the deceased did not resist the attempt by the police to arrest them.
In her judgment, Lady Justice Stella Mutuku said Chirchir and Kirui acted recklessly and against the law when they shot and killed Wangui on May 20, 2018.
The judge said they used excessive force, yet they faced no danger.
“It is clear to me after considering all the evidence surrounding the shooting that the force used was not proportional to the objective to be achieved here. Firstly, there was no offence involved, none had been committed,” the judge noted.
She considered the testimony of 22 prosecution witnesses who were mostly police officers.
The conviction of Chirchir and Korir comes barely two months after another police officer was found guilty and convicted for the murder of a fisherman in Naivasha in 2014.
In both cases, International Justice Mission (IJM-K) represented victims in court.
IJM Kenya Country Director Benson Shamala said the conviction of the two is yet another big step in holding errant police officers to account for using excessive force against unarmed citizens.
Shamala said the conviction sends a message that those in power will be held accountable in court if they abuse it.
“We will continue to demand for accountability for any errant police officer who violates the law,” he said.
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