Former AP Officer Jailed 40 Years for Killing Colleague

A former Administration Police (AP) officer has been sentenced to 40 years in prison after being found guilty of murdering his colleague in Maralal, Samburu County.  

In a statement on Thursday, July 16, the Office of the Director of Public Prosecutions (ODPP) said Patrick Marwa was convicted over the fatal shooting of fellow officer Dancun Cheruiyot in an incident that occurred in 2019. 

According to the ODPP, the High Court in Nanyuki ruled that the prosecution had proved the murder charge beyond reasonable doubt before handing down the custodial sentence.

"In a matter prosecuted by Prosecution Counsels Esther Kimani, Jackson Motende and Maina Kimaru, the High Court in Nanyuki found Marwa guilty of the offence of murder contrary to Section 203 as read together with Section 204 of the Penal Code and sentenced him to serve 40 years' imprisonment," the statement read.

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 and twenty rounds of ammunition before leaving for night duty. 

While waiting at the main gate for transport alongside Cheruiyot, who was in charge of discipline at the camp, the deceased instructed Marwa to surrender his firearm after informing him that he would not proceed to his assigned duty station at the China construction site.

The ODPP said evidence presented during the trial showed that the directive led to 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 further heard that Marwa later handed over the firearm to a fellow officer, who returned it to the armoury, before he was arrested and escorted to Maralal Police Station, where the incident was formally reported," the statement added.

According to the ODPP, police officers who responded to the scene recovered ten spent 7.62 mm calibre cartridges and the G3 rifle that had been issued to the accused. 

Cheruiyot's body was taken to the Samburu County Referral Hospital mortuary, where a post-mortem examination confirmed that he had sustained ten gunshot wounds.

"In reaching its determination, the court found that the prosecution had proved the charge of murder beyond reasonable doubt," the statement further read.

The court held that the evidence presented before the court, including witness testimonies, findings from the scene visit and the post-mortem report, demonstrated that Marwa acted with malice aforethought when he unlawfully caused the death of his colleague.

Following the conviction, the court sentenced Marwa to 40 years' imprisonment.

This comes two months after the High Court in Voi convicted a police officer over the 2019 fatal shooting of a man at a restaurant in Taveta Town.

In a statement on Tuesday, May 12, IPOA confirmed that Corporal Mark David Gitahi Marombe was found guilty of the murder of Esau Juma Mwanguku.

According to the authority, the court also cancelled the officer’s bond following the conviction and ordered that he be detained at Manyani GK Prison pending sentencing.

"Consequently, the Court cancelled the officer’s bond, detaining him at the Manyani GK Prison until his sentencing, which is slated for 2nd June, 2026," the statement read in part.

The court heard that the officer fatally shot Mwanguku at Rockland Restaurant in Taveta Town, where both men had reportedly been drinking before the incident.

IPOA said it independently launched investigations into the killing before recommending murder charges against the officer.

"The matter was investigated Suo Moto by the Authority. Upon completion of investigations, IPOA recommended that the officer is charged with murder," the statement added.