The Office of the Director of Public Prosecutions (ODPP) has secured a 40-year prison sentence against former Administration Police officer Patrick Marwa following his conviction for the murder of fellow officer Dancun Cheruiyot in Maralal, Samburu County.
Marwa was convicted by the High Court in Nanyuki after the prosecution, led by State Counsel Esther Kimani, Jackson Motende and Maina Kimaru, proved the charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
The court heard that on May 4, 2019, at about 5.30 p.m., Marwa, who was attached to Administration Police Line Two in Maralal, reported to the armoury, where he was issued with a G3 rifle, serial number J54854, and 20 rounds of ammunition before proceeding for night duty.
According to the prosecution, Marwa and the deceased were waiting at the camp’s main gate for transport to their duty station when Cheruiyot, who was in charge of discipline, instructed Marwa to surrender his firearm after informing him that he would not be deployed to the China construction site.
The directive sparked an argument between the two officers. During the confrontation, Marwa cocked his rifle and shot Cheruiyot ten times, killing him on the spot, the court heard.
Following the shooting, Marwa handed the firearm to a fellow officer, who returned it to the armoury. He was subsequently arrested and escorted to Maralal Police Station, where the incident was formally reported.
Investigators who processed the scene recovered ten spent 7.62mm cartridges and the G3 rifle that had been issued to the accused. A post-mortem examination conducted at Samburu County Referral Hospital confirmed that Cheruiyot died from ten gunshot wounds.
In its judgment, the High Court found that the prosecution had proved the charge of murder beyond reasonable doubt.
Justice A.K. Ndungu held that the prosecution’s evidence, including witness testimonies, scene examination findings and the post-mortem report, established that Marwa acted with malice aforethought in unlawfully causing the death of the deceased.
The court consequently convicted Marwa of murder and sentenced him to 40 years’ imprisonment.
