My husband died in a fight he knew nothing about widow tells court

Imagine minding your own business when you see two men boxing each other senseless, then one rushes to where you are after a short while.

The next thing you hear is a gunshot, and you’re gone, forever.

This is the story told to High Court Judge David Mburu by Lucy Muthoni, who lost her husband, Charles Maina, in a fight he had nothing to do with and was unaware of the cause. The challengers, in court, are claimed to be the Kenya Defence Forces (KDF) and a Kenya Police Constable.

On May 30, 2021, the deceased left his home, as was the norm, for a butchery in Embakasi where he had been employed. Maina, who was an early bird, according to Muthoni, also had a habit of calling her at 5 am to remind her about school preparation for their children.

On the fateful day, she said, he told her about being paid a salary to enable him to visit them the following day.

She narrated that after he did not call Muthoni to seek his nephew’s help, who then reached out to Maina’s boss, the bearer of the sad news was that he had been shot dead.

 Muthoni has sued the National Police Service Commission (NPSC), the Inspector General of Police and the Attorney General. She also roped in the Independent Policing Oversight Authority (IPOA), arguing that Maina should not have been killed in the first place as he was not a party to the fight nor did he have a dog in the bout.

His killer was a police officer, Titus Kipchirchir, who was attached to the Villa Police Station. According to Muthoni, Kipchirchir and the unnamed KDF officer first fought outside in an open area, then the police officer left the scene, and the disciplined forces personnel joined Maina, who was selling mutura.

After a short while, she said, Kipchichir came with a gun and pointed it towards where Maina and the KDF officer were, which prompted the two to scamper inside the butchery for safety.

Kipchirchir, who is also deceased after dying by suicide during the murder trial, pulled the trigger, and the bullet tore through Maina’s chest and lodged itself in the officer’s hand.

“Charles succumbed to the injuries while in the presence of Winnie Gitonga and Mercy Njeri, who were his colleagues. Later, the culprit was apprehended and taken to Embakasi Police Station, where he was placed in custody. A spent cartridge was recovered at the scene of the shooting by the police who visited the crime scene,” recalled Muthoni.

 She stated that Maina, who was the sole breadwinner, left her with three children to fend for. At the same time, she argued that although Kipchirchir escaped the long hand of the law by killing himself, his employer and the oversight agency are also liable for his crime.

She asserted that he was an employee of the NPSC and used their tool of trade to end his life, while his bosses did not implore him to maintain discipline even out of work.

“I have suffered immense loss in terms of expectation of life for my murdered spouse who was healthy, without chronic illness at the time of the brutal killing. I have equally experienced pain and suffering in terms of mental anguish, trauma and financial difficulties due to loss of dependence by myself and the three children. All of whom were wholly dependent on the deceased,” said Muthoni.

 From the court documents, Kipchirchir died  by suicide while out on a Sh50,000 bail. His father, also a police officer working with the Parliament Police Station, informed the court that he had been rushed to hospital and later declared dead.

The two officers were fighting over a lady called Maggie. From the accounts during the criminal trial, the court heard that Kipchichir came fuming and probed what the other man was doing with the woman. A fight followed, in which the police officer was whipped to a pulp.

 He then went for a gun backup.

“The deceased was going on with his business of selling meat and mutura oblivious of the catastrophe that was to befall him. Kirui came back with a gun, which prompted the army officer and the deceased to lock themselves inside the butchery. However, the army officer escaped through the back door. Kipchichir ordered the four to be opened and without hesitation he fired three gunshots at the front door this shooting my late husband severally,” she stated.

Muthoni wants the court to find that Maina’s life was illegally terminated. She is also seeking compensation for the same and for the pain and suffering she endured after.