Shoddy CCTV analysis frees suspect in KDF officer’s killing
On the night of November 26, 2019, Kenya Defence Forces officer, Benard Kibet, was found murdered outside a club in Nakuru Town West sub-county.
The police, upon analysing the CCTV footage from the Kaptembwa bar, arrested Clement Kiprop Chesire and charged him with the murder of the military man.
According to their report, Mr Chesire had on the night of November 25 and 26, 2019 fought Mr Kibet to death over a woman who had joined them at the club.
Five prosecution witnesses including a pathologist, police officers, and staff at the bar, were lined up to testify against Mr Chesire to secure conviction.
But four years later, shoddy work by the police would see the prosecution fail to convince Justice Hedwig Ong’udi that Mr Chesire killed the army officer.
And in her ruling of no case to answer which she delivered last week, the judge acquitted him under section 306 (1) of the Criminal Procedure Code after finding no evidence linking him to the murder.
“For my part, I find no Prima Facie case established against the accused. I therefore dismiss the charge against him and acquit him under section 306 (1) of the Criminal Procedure Code. He shall be released unless otherwise lawfully held under a separate warrant,” ruled Justice Ong’udi.
The release of Mr Chesire left the public with many questions regarding the quality of investigations that were done by the police.
What exactly went wrong?
Well, according to the judge, the prosecution failed to prove to the court why Mr Chesire was arrested and charged with murder.
From the five witnesses, Bernard Kirui, then attached to the Directorate of Criminal Investigations office in Nakuru, said he was on duty in November 2019 when he received a call of a murder from the Kaptembwo Police Station OCS.
He, alongside another Inspector Musila, went to the scene where they found Mr Kibet dead. They arrested Mr Chesire from a bar in Nakuru town after seeing his photos on the CCTV.
Dr Sila Kisingu, a consultant pathologist who did the post-mortem on December 3, 2019, said Kibet had several injuries all over his body and opined the cause of death to cardiopulmonary arrest due to severe asphyxia with severe airway inlet injuries, severe head injuries, and multiple blunt force trauma.
Eric Kiprotich, who was at the club on the fateful night, said he witnessed a fight after a certain lady came to the bar before a security man came and removed the fighters. He however could not identify those who were fighting.
Dorcas Chepchumba, who worked at the club, said she was on duty when two male customers began fighting over a lady who had joined them.
She called the security guard identified as Rono who came and removed the two men from the club and threw them outside. She noted that the lady took off when the two men started fighting.
According to her, Mr Chesire was among the first three customers at the club. The two men who were fighting found them in the club.
The deceased had come to the club with his friend with whom he left.
Ms Chepchumba revealed that while at the club, someone had slapped Mr Chesire, who did not retaliate.
She said Mr Chesire was not the man who the deceased had left the club with. She also could not identify the men who were fighting.
The judge in his ruling noted that while the cause of death was ascertained, the prosecution could prove who killed him or the role they played in the murder.
According to the judge, the police could not tell the court why they arrested Mr Chesire. The only thing they say is that they arrested him after seeing his photos on CCTV, but neither said what they saw him doing on the CCTV, and neither did they produce the said photos.
“The prosecution has failed to prove to this court why the accused was arrested and charged. If he were placed on his defence and he elected to remain silent, the evidence before this court would not sustain a conviction against him,” ruled Justice Ong’udi, while freeing Mr Chesire.
And with that, Mr Chesire was granted back his freedom, while the police and prosecution were left with egg on their faces.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.