Blow to family as shooting case against top police officer is withdrawn

Audio By Vocalize

A family in Nakuru has suffered a major setback in court after the office of the Director of Public Prosecution (ODPP) withdrew a case against former Nakuru OCS Chief Inspector Eric Wekesa.

Wekesa, who was heading Bondeni Police Station, had been charged with grievous harm for allegedly shooting Ruth Waithera on June 12, 2022, then 18 years old.

During the incident, Wekesa is said to have shot and killed Whitney Atieno, then 19, before the same stray bullet injured and fractured Waithera’s left arm, causing permanent damage.

The two were victims during a raid at Lake View Estate in Nakuru, where the police were carrying out a crackdown against the ‘confirm’ gang.

However, on Wednesday afternoon, the ODPP informed Senior Resident Magistrate Linah Akoth that they were withdrawing the case filed against Wekesa in 2024.

Through state counsel Brenda Parklea, the prosecution said that they would be pursuing an inquiry case instead of a grievous harm charge.

She deposed that the evidence in court was not compelling enough to charge the OCS.

Despite opposition from a family lawyer and the human rights groups, the court allowed the case to be withdrawn.

“The prosecution has the power to charge and withdraw the case based on the evidence in their possession. This matter is marked as withdrawn, and the accused is discharged,” ruled Akoth.

The prosecution intends to alternatively open an inquiry file while Wekesa walks free from one of the two cases he faces following the shooting incident.

In the second case, Wekesa faces a murder charge. He allegedly shot and killed Atieno, who suffered injuries to her chest and succumbed to the injuries while undergoing treatment.

The case was to be mentioned on Wednesday, but it was deferred to May 25, before the Presiding Judge Patricia Gichohi is on leave.

The two cases were filed in October 2024, two years after the incident and following protests from family members.

Wekesa had been absent from court, citing illness and was being represented by his lawyer; however, on Wednesday, when the case was withdrawn, he made an appearance.

The two teenagers, who were Form Four candidates, were heading to a salon that was close to their homes when they were caught up in a crossfire between the police and an alleged gang.

Out of curiosity, after hearing a fracas outside the salon, the two High School students peeped outside the salon before walking out, only for a stray bullet to get both of them, killing one.

“The police attracted the attention of the residents. When we walked out of the salon to see what was happening, my sister and my friend were shot,” said Atieno’s sister Roselinda Apondi.

She said that her sister cried for help, but the officer who shot her not only ignored but also became arrogant when the resident protested.

“He wanted to beat a neighbour who demanded that he take my sister to the hospital. He arrogantly asked us to fuel his car or use a motorbike to rush our sister to the hospital,” she said.

John Macharia, a bodaboda operator, said that Atieno was next to him when she was shot.

“The police came. The officer took off his pistol and shot. A stray bullet hit a girl next to me, and she called on me to help her,” said Macharia.

He added that the officer then shot in the air after shooting the girl.

Their foster mother, Rebeca Bulimo, described Atieno as a calm, well-behaved, disciplined and friendly daughter.

Autopsy revealed that Atieno died after losing a lot of blood following the shooting incident.

Waithera’s family has remained silent about the case being withdrawn because of shock.

However, David Kuria, the Director Nakuru County Human Rights Network said justice had been denied, four years later.

“This is a miscarriage of justice. How can a family wait for justice for over four years only to be left disappointed!” he lamented.

He said that the inquiry file will not only delay justice but will also deny the family their right, as no one will be held responsible for the shooting.

“There is no reason why this case should be withdrawn at this moment,” he said.