The High Court in Kakamega has sentenced an Administration Police Officer Philip Muthondoi Wahome to 20-years imprisonment for murdering his colleague.
Wahome was found guilty of murdering Philemon Kipkoech Samoei in Milimani, Kakamega, on August 1, 2019.
Justice Chirchir Chebet said that the prosecution had proved its case beyond reasonable doubt.
“I find the prosecution has established its case beyond reasonable doubt. I hereby find the accused person guilty of murder pursuant to sections 203 and 204 of the Penal Code. I hereby sentence him to serve 20-years in jail,” said Justice Chirchir.
The Judge said Wahome’s conduct, as testified by witnesses, suggested he harbored malice before turning his firearm against his colleague.
“He shot his colleague in the head, a sensitive part of the human body. Within the context of section 206(b) of the Penal Code, the accused must have known with some degree of certainty that the shooting would kill the deceased,” she said.
In his defense, Wahome admitted that a bullet from his gun killed Samoei, but he claimed that it discharged accidentally.
He told the court that he had visited his colleague, who asked him to remove his shoes at the door before entering the house.
"In the process of handing the gun to Samoei so I could remove my shoes, he accidentally pulled the trigger," he said.
But Justice Chirchir said that Wahome’s conduct was not consistent before the killing.
"A neighbor testified that when he inquired about the situation, the accused claimed everything was fine. If this had been an accidental shooting by the deceased himself, the accused should have been seeking help to save his colleague instead of giving the impression that nothing was amiss," she said.
"Another striking and quite telling detail is the position in which Samoei was found. He was lying and holding his gun at the muzzle, suggesting he might have shot himself. However, according to the accused, Samoei was holding the accused's gun when it went off. The imperative question is, at what point did Samoei get hold of his own gun? Did he have any chance at all?"
The Judge said she was not convinced Samoei had any chance to pick up his own gun, making it apparent that Wahome had rearranged the scene to create the impression that his colleague had shot himself.
"It was an attempt to conceal his crime. The investigating officer testified that when Samoei's gun was recovered, it had 29 rounds of ammunition, while Wahome's had 30, despite the accused admitting his gun had been fired. This corroborated the ballistic expert’s testimony that the bullet was fired from the accused's gun," she said.
She further noted that the officer in charge of the armory testified that each gun originally had 30 bullets.
"How then did the deceased's gun, which had not been fired, end up with 29 rounds, while the accused's gun, which had been fired, still had 30 rounds? This was an attempt to interfere with potential evidence," she said.
The Judge said that Wahome left the scene without checking if his colleague was alive and appeared sweaty and nervous when he arrived at Khetias supermarket.
The incident occurred when the accused, on his way to the supermarket where he was stationed as a security officer, stopped by Samoei's house. The deceased denied Wahome access, citing his muddy boots.
Angered by his colleague’s decision, Wahome drew his AK-47 rifle, which had 30 bullets and shot him in the head. He then took Samoei's gun, removed one bullet, and placed the gun near him to make it look like suicide.
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