A former Administration Police officer will spend the next 40 years behind bars after being found guilty of murdering his colleague, Dancun Cheruiyot, in a shooting incident that shocked residents and fellow officers in Samburu County.
The sentence was handed down after the High Court in Nanyuki concluded that Patrick Marwa unlawfully shot and killed Cheruiyot on May 4, 2019, during a disagreement at Maralal Town.
The two officers had been preparing to report for night duty when the confrontation turned deadly.
Court proceedings revealed that Marwa, who was attached to Administration Police Line Two in Maralal, had reported to the armoury at around 5:30 p.m. and was issued with a G3 rifle together with 20 rounds of ammunition before heading out for duty.
After receiving the firearm, Marwa joined other officers at the camp’s main gate as they waited for transport to their assigned duty stations.
It was during this period that Cheruiyot, who was responsible for discipline at the camp, informed Marwa that he would not be deployed to a China construction site as earlier expected.
Cheruiyot then directed Marwa to surrender the rifle. The instruction led to a disagreement between the two officers.
According to evidence presented before the court, the argument quickly escalated.
During the confrontation, Marwa cocked the rifle and opened fire on Cheruiyot. Investigators told the court that he fired ten shots, killing his colleague at the scene.
Following the shooting, Marwa handed the firearm to another officer, who later returned it to the armoury. He was subsequently arrested and escorted to Maralal Police Station, where the incident was officially reported.
Police officers who visited the scene recovered ten spent cartridges of 7.62 mm calibre ammunition.
The G3 rifle that had been issued to Marwa was also recovered as part of the investigation.
Cheruiyot’s body was taken to the Samburu County Referral Hospital mortuary for a post-mortem examination. Medical findings confirmed that he had suffered ten gunshot wounds, consistent with witness accounts and evidence gathered at the scene.
In his judgment, Justice A.K. Ndungu stated that the prosecution had successfully proved the murder charge beyond reasonable doubt.
The court relied on witness testimonies, crime scene findings and the post-mortem report to reach its decision.
The judge found that Marwa acted with malice aforethought when he shot and killed Cheruiyot.
As a result, he was convicted of murder and sentenced to 40 years in prison, bringing a close to a case that has taken several years to conclude.
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