Police Officer Charged With Murder Claims Fatal Shooting of Suspect Was Accidental

A police officer facing a murder charge over the fatal shooting of a suspect nearly eight years ago has told the court that the incident was an accident during a pursuit.

The officer, Joshua Kosgei, is currently on trial at the High Court of Kenya at Nakuru for the death of David Sewe, who was allegedly found in possession of 11 rolls of cannabis at the time of his arrest in 2018.

During his defence testimony, Kosgei told the court that the shooting occurred while he was attempting to restrain the suspect after he allegedly tried to escape from police custody.

Arrest and Escape

According to evidence presented in court, the events leading to the fatal shooting began on September 26, 2018. Police officers had reportedly received information from an informant that a man was selling cannabis in the Ponda Mali area of Nakuru.

Officers moved in and arrested Sewe after allegedly finding him with 11 rolls of cannabis. After the arrest, the suspect was placed in a police vehicle and transported toward the police station for processing.

However, while being transported, the suspect allegedly escaped from the vehicle near a junction along Moses Mudavadi Road in Nakuru town.

Kosgei told the court that he immediately pursued the suspect on foot after noticing the escape.

Officer’s Account of the Shooting

While testifying in court, the officer stated that the suspect was armed with a knife during the chase and allegedly attempted to attack him.

Kosgei told the court that he issued a warning to the suspect to surrender but the suspect allegedly continued moving toward him.

The officer said he drew his service firearm and intended to shoot the suspect in the hand in order to disarm him.

However, according to his testimony, the situation changed suddenly just as he fired.

He told the court that the suspect bent forward at the moment the shot was fired, causing the bullet to strike a different part of the body than he had intended.

Kosgei emphasized that he discharged only a single round and had no intention of killing the suspect.

He further told the court that if his intention had been to kill, he would have fired several rounds rather than just one.

After the shooting, the officer reported the incident to the police station, and the suspect was later pronounced dead.

Prosecution Case

Despite the officer’s explanation, prosecutors charged Kosgei with murder, arguing that the circumstances surrounding the shooting require judicial scrutiny.

The prosecution is expected to rely on witness testimony, forensic analysis, and procedural evidence to determine whether the use of lethal force was justified under the circumstances.

The court will examine whether the officer acted in self-defence or whether the force used during the arrest was excessive.

Use of Force in Police Operations

Cases involving the use of firearms by law enforcement officers during arrests often draw attention to the legal standards governing police conduct.

Under Kenyan law, officers are allowed to use force when necessary to protect themselves or others. However, the level of force must be proportionate to the threat faced at the time.

Courts typically evaluate several factors when determining whether the use of force was lawful. These include whether the suspect posed an immediate danger, whether the officer issued warnings, and whether less-lethal options were available.

Ongoing Court Proceedings

The case continues before the High Court in Nakuru, where both the defence and prosecution are presenting their evidence.

The court is expected to evaluate the credibility of the officer’s testimony alongside the available evidence before making a final determination.

If convicted, the officer could face serious legal consequences under Kenyan criminal law. However, the court will ultimately decide the outcome after reviewing all the facts presented during the trial.

The case highlights the complex legal and ethical issues that can arise during police operations, particularly when suspects are injured or killed during arrest situations.

As the trial proceeds, the court’s decision will play an important role in clarifying the circumstances surrounding the incident and determining whether the fatal shooting amounted to a criminal act or an unintended consequence during a law enforcement operation.