An appeal by two police officers sentenced to seven years' imprisonment for killing Kwale pupil Kwekwe Mwandaza has been dismissed.

The Court of Appeal on Friday dismissed the appeal lodged by Inspector Veronica Gitahi and Police Constable Issa Mzee, saying the killing of the 14-year-old schoolgirl was not consistent with the use of their firearms.


Judges Milton Makhandia, William Ouko and Kathrima M’Inoti wondered why a group of police officers led by Inspector Gitahi were unable to disarm the minor.

“The use of the firearms was not consistent with the National Police Service Act, even assuming she was armed with a panga, she was one against 14 officers,” said Mr Makhandia, who read the judgement on behalf of his two colleagues.

The judges said they found no basis to interfere with the sentence meted to the accused by the High Court.

However, the judges said there was no proof that the officers smeared soil at the crime scene to cover up blood stains.


The appellate judges also said the Director of Public Prosecutions had no right to file a cross appeal since the accused, who were convicted of manslaughter, were not acquitted.

Inspector Gitahi, who was dressed in a black flowing dress with a purple shawl, a head gear and dark glasses, was in charge of the Directorate of Criminal Investigations in Kinango when the incident happened.

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