Officer to die for killing doctor

PAUL WAWERU | NATION Former police inspector Dickson Munene (left) and businessman Alexander Chepkonga at the Court of Appeal Friday. They were charged with killing a doctor. 

In Summary

• Justice Warsame had sentenced both to death, ruling that it was clear they had a common intention to eliminate Dr Muiruri and were it not for Mr Chepkonga, Mr Munene could have not killed.

By PAUL OGEMBA
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It was a case of two friends staring at death in court over the murder of former Gatundu North MP Patrick Muiruri’s son in 2009.

Then like the proverbial phrase in the Bible, one of them was acquitted while the other was sentenced to death. Businessman Alexander Chepkonga was set free while his friend Dickson Munene, a former police inspector, will face the hangman’s noose for killing Dr James Ng’ang’a Muiruri on January 24, 2009 in Westlands, Nairobi.

Appellate Judges Roselyn Nambuye, David Maraga and Jamila Mohammed Friday ruled that although Mr Chepkonga was the reason Dr Muiruri was killed, the person who pulled the trigger was Munene.

“As a police officer, Munene could have shot the deceased in the leg if he wanted to subdue him. Shooting him in the stomach was reckless. The judge was justified in sentencing him to death,” said the judges.

The ruling sparked mixed reactions with Chepkonga’s family weeping with joy while that of Munene walked away in tears. However, Dr Muiruri’s parents expressed dismay at Chepkonga’s acquittal.

“It is Chepkonga who facilitated the death of my son. He is the one who blocked my son’s car before Munene shot him,” said the former MP.

His wife Rachael could not hide her pain as she narrated how the ruling had devastated her.

“My son was everything to me. I visited his grave last month and remembered his blood on the road where he was killed. It is painful that the person who gave the instruction for his killing is set free,” she said.

Chepkonga and Munene’s conviction in October 2011 by Justice Mohammed Warsame was a case of a night party gone sour. The dispute leading to the killing took place on February 24, 2009 at Crooked Q, a restaurant in Westlands.

Dr Muiruri, his brother John Gachera Muiruri and a neighbour, Jedidah Okudo were having drinks when Chepkonga and his friends arrived. The court heard that they disagreed with Dr Muiruri.

“Apparently Dr Muiruri asked Chepkonga if he was gay, leading to a fight. They were separated after which the doctor left,” said the judges.

Chepkonga alerted his friend Munene, who was in his car. Outside the club, another brawl broke out and the two were again restrained.

Dr Muiruri got into his car and with his brother on the wheel drove away. It was then that Munene gave chase in his car apparently to arrest Dr Muiruri.

Chepkonga followed them. Witnesses said Munene drove ahead and blocked Dr Muiruri’s car from the front while Chepkonga blocked him from behind.

It was then that another scuffle ensured between them with Munene shooting Dr Muiruri three times in the stomach and on his private parts.

Justice Warsame had sentenced both to death, ruling that it was clear they had a common intention to eliminate Dr Muiruri and were it not for Mr Chepkonga, Mr Munene could have not killed.

The Appellate Judges however ruled that Mr Chepkonga had a limited role in the killing and that Justice Warsame ws not justified in sentencing him to death.

“There is no evidence Mr Chepkonga knew the deceased prior to the fateful day and their disagreement was nothing much to warrant Mr Munene’s shooting of Dr Muiruri. We find that the judge made a mistake by upholding that he had a common intention and quash the death sentence and direct that he be set free forthwith,” ruled the judges.

While upholding the death sentence of Mr Munene, the judges ruled that his actions were extremely reckless and as a police officer, he should have known the danger the gun he was having could cause.