William Chirchir and Godfrey Kirui had on May 13, 2021 pleaded with the court for a non-custodial sentence, where they expressed regret over the incident.
They admitted that they should have acted differently on that fateful morning of May 20 when they killed Waiyaki, who was in a car with her nephew, Bernard Chege.
Chirchir, 36, a father of two children aged seven and one-year-old had told Justice Stella Mutuku that he also has an elderly mother who depends on him.
Kirui, 28, also a father of two said that his two siblings were also depending on him.
On their part, prosecution told the court to consider the fact that Waiyaki was killed at 41 years, and left behind two young children.
“The children will live the rest of their lives without the care of a mother. The young one has been waiting for the mother to come back,” the prosecutor said, adding that “the husband lost a partner. She also left behind a mother, sisters and brothers.”
The High Court, however, ruled that non-custodial sentence would not be appropriate since a life was lost.
Waiyaki’s husband in court
Waiyaki’s husband had previously told the court that her life had been sniffed out at it’s prime.
“Consider she was 41 years, she left very young children 2 and 4 years, the eldest is 12 years. The children will live the rest of their lives without the care of a mother, the young one has been waiting for her mother to come back,” he said.
Court: Cops used excessive force
In finding the two ex-cops guilty of manslaughter, Justice Stella Mutuku had on on May 11 ruled that the duo used excessive force yet no crime had been committed by neither the deceased nor Chege. In addition, she said, the two had posed no threat to the officers.
Justice Mutuku ruled that the officers used intimidation and broke the law while attempting to stop the vehicle Waiyaki and Chege were in.
“All of the officers were armed, and they should have behaved cautiously. I believe there were other ways to intercept the car, and they also broke the law requiring them to protect life,” she added.
Chirchir was an Administration Police officer attached to Makadara Police Station while Kirui worked at the Industrial Area Police Station.