NAIROBI, Kenya, May 26- The Head of Directorate of Criminal Investigations at Embakasi, Nairobi Simon Mutia Mwongela is expected to take murder plea on Wednesday .
This was after the lapse of the ten days police were allowed to detain him to enable them complete investigations into a fatal shooting incident in Kayole, Nairobi.
Police handling the case said they are ready to arraign Mwongela over the murder of night guard, who was identified as Lapaja Topiwo, 23.
The Senior Superintendent of Police (SSP) was on May 17 presented before a Makadara law courts where police made a miscellaneous application to detain him to enable them complete their probe.
Mwongela was arrested on May 13 after he was engaged in an altercation with a night guard at the Night Square Hotel in the area prompting a shooting.
He shot Topiwo, 23 twice in the chest after a dramatic incident.
According to witnesses and police reports, Mwongela had been dropped off at Red Square Hotel in Kayole by unidentified friends at around 2am on May 13. He 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 and decided to take a nap on the seat at the waiting area, that resulted to an 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.
-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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