The High Court in Nyandarua has sentenced police officer William Muriuki Nyaga to 30 years in prison for the manslaughter of Stephen Githinji Ndiuni, marking one of the longest custodial terms imposed on a serving officer over an unlawful killing in recent years.
Delivering the judgment, Nyandarua High Court judge Waweru Kiarie found that Nyaga unlawfully assaulted Ndiuni at Equator Springs Hotel in Gwa Kung’u township on the night of May 24, 2020, inflicting fatal injuries.
Fatal Beating at Equator Springs Hotel
The court heard that Ndiuni had been suspected of involvement in an earlier altercation at the hotel. However, Justice Kiarie ruled that without verifying the allegation, Nyaga participated in beating him after he was apprehended.
Evidence presented during the trial showed that police had dispersed a crowd gathered at the hotel over claims that a thief was hiding inside. Ndiuni was later arrested by a watchman and brought back to the premises.
According to testimony by hotel manager Miriam Wanjiku, Nyaga repeatedly struck Ndiuni with his boots and a stick until he lost consciousness. He was then dragged to the restaurant entrance and left there overnight without medical assistance.
A post-mortem conducted by Dr. George Biketi revealed that the deceased suffered multiple injuries to the head and the back of both hands. The cause of death was determined to be severe head injuries resulting from massive blunt force trauma.
Murder Charge Reduced to Manslaughter
Nyaga had initially been charged with murder under Section 203 as read with Section 204 of the Penal Code, alongside two civilians.
One of the co-accused, Francis Muriithi Ngari, was acquitted after the court found no evidence linking him to the fatal assault, apart from chasing the deceased and others earlier that night.
In his defence, Nyaga raised an alibi, maintaining that he had left the hotel earlier and was not involved in the beating. However, the court ruled that the alibi had been displaced by the prosecution’s evidence, particularly the testimony of the hotel manager.
While the judge found that Nyaga unlawfully caused Ndiuni’s death, the court held that the prosecution had failed to prove malice aforethought as required under Section 206 of the Penal Code for a murder conviction. He was therefore acquitted of murder but convicted of manslaughter.
Abuse of Police Authority
In sentencing, Justice Kiarie said Nyaga had grossly abused the authority entrusted to him as a police officer.
“As a police officer, the public entrusted him with the responsibility of ensuring security for all. To whom much is given, much is equally expected,” the judge stated.
The court further observed that by brutally beating the deceased and abandoning him overnight without medical care, the officer had betrayed public trust.
The case was investigated by the Independent Policing Oversight Authority (IPOA), while International Justice Mission(IJM) Kenya represented the victim’s family during the proceedings.
Police Accountability and Excessive Force in Kenya
The killing, which occurred in May 2020, drew national attention to concerns over excessive use of force and accountability within Kenya’s law enforcement agencies.
Legal observers say the 30-year sentence sends a strong message on police accountability and the consequences of abuse of office, particularly in cases involving custodial or extrajudicial killings.
The ruling underscores the judiciary’s growing willingness to hold security officers criminally liable where unlawful force results in death.