A police officer in the murder of a suspect in a police station says it was an accident

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A police officer charged with the murder of a  suspect in possession of 11 rolls of bhang eight years ago in Nakuru claims it was an accident.

Joshua Kosgei said that David Sewe, 36, had escaped from a moving vehicle.

Kosgei is accused of killing David Sewe on September 26, 2018, at the lane off Moses Mudavadi Road, opposite the Regional Police Headquarters in Nakuru.

What started as an arrest of a suspect allegedly selling bhang on August 26, 2018, around 6:30 pm at the Ponda Mali area, led to murder.

During the defense hearing, Kosgei testified before Nakuru High Court Judge Samwel Mohochi that earlier that day, while on patrol, he received intel from an informer alleging that Sewe was selling bhang.

He and two other officers went and allegedly found Sewe with 11 rolls of bhang, and he was arrested. On the way to the police station, he escaped.

“First, we took Sewe to Kasarani Police Post, where my colleagues changed their attire, then we proceeded to take him to Central Police Station, while on the way, at the junction near Resma Motors, he jumped and headed towards the police regional headquarters,” Kosgei said.

Kosgei claimed to have pursued Sewe and apprehended him along Moses Mudavadi Road, and tried to seize his knife.

He claimed Sewe wanted to stab him, forcing him to retaliate by drawing his pistol and challenging him to surrender, but he resisted.

“I had aimed to shoot at his hand to disarm him, but he bent his head, and I shot him, then went to the station and made a report,” he added.

The incident occurred within the Nakuru Central Police Station.

He claimed that he discharged one bullet and that the knife in his hand fell, insisting that he never intended to kill Sewe.

“I wish the court to consider my grievance if I had malice and would have fired twice or more rounds,” he said.

During the cross-examination by the state counsel Wangari Mwaura, who questioned about the bribe claims as per the family, Kosgei disputed, alleging that Sewe’s family and his colleagues lied.

He claimed that his colleagues were seated in front of the vehicle while he and Sewe were in the back seat.

The prosecution had called 15 witnesses who claimed that Kosgei wanted Sh50,000 for Sewe's release and provided 10 exhibits in support of the case.

The case is coming up for judgment on April 13.