A Kiambu court is set to deliver a crucial ruling tomorrow, Tuesday, concerning an application by the Independent Policing Oversight Authority (IPOA) to remand a police constable for 21 days as they investigate the fatal shooting of two men. The ruling, to be made by Deputy Registrar Jacqueline Karani, will determine the fate of Police Constable No. 93397 Eric Gitonga Nyaga, who is accused of fatally shooting Kennedy Ojuma, 38, and Stephen Mwendwa Maweu, 39, following a road traffic accident.
According to an affidavit sworn by IPOA’s Assistant Director of Forensics, Paul Njihia K., the incident occurred on September 7, 2025, when PC Nyaga’s vehicle, a black Audi, was involved in a minor collision with a motorcycle along the Thika-Garissa highway. The affidavit states that traffic police officers who arrived at the scene found the constable, who appeared intoxicated, and attempted to disarm him. It was during this confrontation that he allegedly shot the two men, who died on the spot.
The affidavit further details that PC Nyaga was subsequently arrested and his firearm, a DUMA 9mm pistol, was seized. The shooting sparked public outrage, leading to the vandalization and torching of the constable’s vehicle. The bodies of the deceased were taken to General Kago Mortuary for preservation, while the charred remains of the vehicle were moved to Makongeni Police Station as an exhibit.
IPOA has launched an independent investigation into the incident, citing its mandate to investigate deaths or serious injuries caused by police action. The authority’s investigator, Paul Njihia K., stated in his affidavit that preliminary evidence suggests the constable “may have used excessive and unjustifiable force.”
The application seeks a 21-day remand period for PC Nyaga at Kiambu Police Station to allow the investigating team ample time to conclude their inquiry. The reasons cited for the requested remand include:
Forensic Examination: The seized firearm needs to be subjected to forensic analysis.
Post-Mortem: A post-mortem examination of the two bodies must be conducted to gather critical evidence, with the possibility of recovering ballistic evidence.
Scene Reconstruction: The IPOA’s Crime Scene Investigation (CSI) team needs to revisit and reconstruct the scene to piece together more evidence.
Witness and Suspect Statements: The investigators need to interview all witnesses, including police officers, and record a statement from the respondent, PC Nyaga.
Legal Consultation: The evidence gathered needs to be analyzed before seeking direction from the Director of Public Prosecutions (DPP) on how to proceed with the case.
But defense lawyer Philip Langat dismissed the application, insisting that IPOA had failed to demonstrate compelling reasons to keep the officer in custody.
“The reasons cited for detaining the suspect can be carried out without him being in custody. All investigations can proceed while he is out on bail,” Langat argued.
The defense further asked the court to order the release of the officer’s mobile phone and a shirt seized during the arrest. Langat also requested that, should the court order detention, his client be held at Gigiri Police Station instead of Kiambu.
Deputy Registrar Karani is expected to issue her ruling tomorrow, a decision that could set the stage for possible criminal charges against the officer.
