Court finds police responsible for death of girl 9 in Mathare during 2017 elections

Milimani Law Courts

A Nairobi has found police responsible for the death of a nine old girl who was shot at the balcony of their house in Mathare Area 2 by the police during chaos after the 2017 general elections.

Nairobi Chief Magistrate Francis Andayi faulted the police for covering up for one of their own who shot and killed Stephanie Moraa Gisemba during chaos after the August 2017 General Elections adding that they deliberately shot at an innocent child.

Stephanie was shot by police on 12th August 2017 while playing on the balcony of their home in Mathare.

While closing the inquest into her death the Magistrate said if the police were keen to solve the murder, they can find the officer who shot at her in a day.

The magistrate faulted the police for using the famous blue code of silence in a matter when an innocent life was lost.    

“I am almost certain that if the police service wished to identify and bring to book the officer who took away the life of Stephany Moraa Gisemba, it would not take them a day to do so,” ruled the magistrate.

The Magistrate further ruled that after every presidential election in Kenya, innocent lives are taken away by trigger happy cops who know that they will be covered by the blue code of silence.

“An innocent child standing at the balcony of the parents’ residence not even aware of what it entails for one to win or lose an election leave alone participating in a demonstration, pays the ultimate price, death!” he added.

Magistrate Andayi said unfortunately the officer who took away her life cannot be brought to book because he is under the protection of the blue code. However, the magistrate applauded IPOA for taking up these cases and bringing them to the public even through their efforts are being frustrated by the blue code.

The file was forwarded the to the DPP for necessary action.

Senior Superintendent Alice Kimeli had testified on behalf of the police saying that they do not know the officer who shot the innocent girl because they didn’t have a list of the officers who were deployed in the area on that day.

“Since it was an emergency, there was no operation order prepared to show the list of officers who were called to assist in containing the situation after the presidential election results were announced,” she added.

she added that some of the officers had live ammunition while some had blanks.