Injustice as police decline to arrest killer rangers

By Job Weru

It was at around 8pm on October 8 last year when Samuel Mwaniki decided to retire for the day.

The 29-year-old father of two who was a boda boda operator had spent the day ferrying passengers to Timau, Nanyuki and areas along Sirimon near Mt Kenya National Park.
Mwaniki was employed by a neighbour as motorcycle taxi operator.

Shooting order

After returning the motorcycle to his employer, he took a shortcut across some farms and went home.However, along the way he got distracted and decided to join his friends who were enjoying the traditional muratina brew. He even ordered drinks for his five friends.

Mzee Turuchu M’Mungiria whose son Samuel Mwaniki, was shot dead by KWS rangers shows the scene where he was shot. Photo: George Mulala/Standard

But as soon as the waiter served them, they heard a vehicle screech to a halt outside the house.
The young men thought that police officers had raided the home in the hope of arresting those drinking illicit brew.

They immediately dashed out.
However, the vehicle was ferrying Kenya Wildlife Services personnel who were on an operation to flush out suspected poachers who had killed an elephant in the nearby Mt Kenya National Park and escaped with tusks.
Immediately after moving out of the house, a KWS ranger ordered them to stop and surrender guns and tusks.
Mr Josphat Mungai, 25, who was in the group, said Mwaniki and another friend identified as Patrick Muriuki escaped into a nearby maize farm.

A local administrator who accompanied the rangers ordered them to shoot.
"He ordered the ranger to shoot the duo. They immediately fired," recalled Mungai.
Mwaniki was shot on the back and the bullet exited from the chest. He lay in the farm barely 50 metres from the house.
Despite his groans, the officers did not pick him immediately. They first arrested the other young men and beat them before taking them to Timau Police Station.
At around 11pm, they returned and picked Mwaniki who was still in pain.
A neighbour identified as Weru, whose farm was near the scene where Mwaniki was shot and badly wounded, called Mwaniki’s father, Turuchu M’Mungiria, 76.
"He told me Mwaniki had been shot and taken to Nanyuki District Hospital," recalled M’Mungiria.
M’Mungiria and his wife Alice Mugure could not travel to the hospital at night.

Bitter protests

"We did not have money for a taxi to Nanyuki. We just prayed and waited until the following morning," said M’Mungiria.
But early in the morning, Mugure received a call from a doctor at the hospital who instructed her to rush there.
"He asked me whether I was Mwaniki’s mother and I responded in the affirmative. He instructed me to visit the hospital urgently. My heart sank since he did not tell me the reason," said Mugure, as tears rolled down her cheeks.
The couple set off for Nanyuki.

On arrival, they were told that their son had passed away at dawn. Mwaniki had apparently given the doctor his mother’s phone number and told him that he was shot by KWS personnel.
His death sparked protests in his village, with residents, especially youth, threatening to torch KWS offices at Mt Kenya National Park gate.
"We were bitter with the officers and wanted justice," said Muriuki. This, however, marked the start of endless journeys to Timau Police Station for M’Mungiria, Mugure and Mwaniki’s widow, Catherine Nkatha.
Even after a post-mortem examination was conducted and witness statements recorded at Timau Police Station, no arrests were made.

Mt Kenya National Park Senior Warden Mr Simon Gitau said it was wrong for KWS rangers to engage in raids to net illegal brews. "Their role is conservation and it is unfortunate if the incident was perpetrated by KWS rangers," said Gitau, who was at the time on a study leave.
Area OCPD Mr Joshua Lutukai said the two suspects linked to the murder could not be arbitrarily arrested since they were civil servants.
"We had to seek advise from the Attorney General. The investigations were conducted and the file sent to the AG, through the State Counsel’s office and we are waiting for advice," said Lutukai. He said CID officers investigating the matter recommended murder charges against the accused, who are still working with the Government.
"If the AG recommends we arrest them, we will just go on and press charges against them," said Lutukai as he called for patience.

Meru State Counsel Amon Oluoch said the file was forwarded to the AG’s office, but was returned to the CID for more advise. Oluoch said the file has not been returned to his office .

"We returned the file so that the police could cover a few points. But we are still waiting," said Oluoch.