By: Joseph Mwangi

When U.N. Special rapporteur Philip Alston released a report on extrajudicial killings in Kenya which he described as systematic, widespread and carefully planned and are committed at will and with utter impunity, the government denied and accused him of giving the police force a bad image.

One such case that has left a family crying for justice is that of Ambassador Mwanyengela Ngali whose son Solomon Mwawaya was killed by police attached to Hardy police station on 24th may 2011. Surprisingly, almost six months down the line, the killer of Solomon has never been arrested to face the law.

The events and circumstances of Solomon’s death are shocking but what is giving the family sleepless nights is the fact that it has taken the police six months to investigate this case saying some witnesses in the case could mysteriously disappear. The family now says the investigations are too slow but have vowed to pursue their son’s killers to the bitter end and to ensure justice is done.

Solomon left their Lovington home on 24th May 2011 at 4pm to see a friend at Yaya Centre. Shockingly, he did not come back and his cell phone went unanswered for a whole night and the following day a search by his close friends begun and his body was discovered at City mortuary where it was delivered by police who recorded at the mortuary’s OB that it was a case of police shooting.

When Ambassador Ngali visited City mortuary to identify the son, he noticed three deep open panga cuts at the top of the head that were essentially dry. A closer look revealed a wound under the eye, a jab on the side of the mouth seemingly pocked with a sharp object and the upper lip was smashed with a blunt object.

On uncovering the blanket, he saw a blood soaked blue sweater and a T-shirt underneath. Both the sweater and the T-shirt had two holes made by the bullets that tore his heart apart and a closer look at the chest further revealed a clearly visible bullet entry point below his left nipple and Solomon had only underpants on as the long pants, the socks and the shoes were missing.

The mortuary attendant later directed the family to a police officer stationed at the mortuary who assisted the family initiate a post mortem process. It was the police who categorically confirmed to the family that Solomon was shot dead by the Hardy Police in a Karen home and the body booked at city mortuary by them.

Some questions that still linger in the minds of Solomon’s family is why a police officer cut somebody with a panga and at the same time shoot him twice. The truth is that pangas are associated with violent robbers and thugs and not police officers. The father’s attempt to get explanations as to whether police operation procedures had changed to carrying machetes in addition to guns remains a unanswered.

The family now wants investigations to be fast tracked as they would wish to know if Solomon resisted arrest to warrant his shooting and cutting with a panga. According to a pathologist report, Solomon’s heart was spattered by two high caliber bullets that entered through the front rib and exited through the back. The firing was from a powerful weapon and was done point blank but he was not able to say whether he was shot while standing or lying down.

After the post mortem, the family in a group of six headed for Hardy police and were received by the deputy OCS and demanded to be taken to the scene of crime. The deputy OCS told the family that the station got a private security company distress signal at 1.10am indicating there was an intruder and dispatched an armed policeman to the premises.

Interestingly, when the family requested the deputy OCS to take them to the scene of crime, he first suggested that they go alone since it was a private property but when they insisted on having police escort he drove in the company of armed police officers and we followed.

On reaching the gates of the expansive property, the people manning the gate completely refused to allow them in and the deputy OCS and his team drove off leaving the family behind. Since that time, the family has been waiting for the police to finish their investigations and to arrest the police officer who shot Solomon and charge him with murder.

They are now appealing to Internal Security minister George Saitoti, Police commissioner Mathew Iteere, CID boss Ndegwa Muhoro, Attorney General Githu Mungai and Chief Justice Willy Mutunga to ensure justice is done in this sad case of extrajudicial police killing.