“Finish Him”: Mombasa Constable Sentenced for Killing Unarmed Man

A police constable has been convicted of murdering a 21-year-old man in Likoni, Mombasa, following a 2018 shooting that exposed serious misconduct and cover-ups within the police force.

The High Court found Constable Yunus Athman guilty of killing Mbaraka Maitha Omar at his family home in Mwenza Village, Mtongwe. Witnesses testified that Athman, dressed in civilian clothes and accompanied by a madrassa teacher and a boda boda rider, entered the compound on 10 September 2018 and shot Omar twice at close range. 

Omar, who was unarmed and seated on the verandah, died instantly from head injuries. His brother told the court that the teacher identified Omar before instructing the officer to “finish him.”

The teacher, Mohamed Karega, later appeared as a State witness. He said he had contacted Athman to help find a suspect in a goat theft case but admitted that Omar was not the person they were seeking and that he posed no danger. The boda boda rider, Albert Wekesa, who had taken the two men to the scene, was later found dead under unexplained circumstances, raising concerns about witness safety.

During the trial, investigators focused on the actions of Chief Inspector Patrick Lumumba, then Officer Commanding Station at Inuka Police Station. Lumumba claimed that a machete had been recovered beside Omar’s body, but this was not supported by any witness and no such weapon was ever produced in court. 

His account of how the alleged weapon was handled was found to be inconsistent, leading investigators to conclude that the story was fabricated to protect Athman from prosecution. Ballistic tests confirmed that the bullets taken from Omar’s body matched Athman’s service pistol. 

Two spent cartridges and bullet fragments recovered from the scene supported the conclusion that the officer fired the fatal shots. The Independent Policing Oversight Authority (IPOA) took over the investigation from local police and confirmed the findings through forensic analysis conducted in Nairobi.

Athman admitted in court that he had shot Omar but claimed he acted in self-defence, saying the deceased had attacked him with a machete. The judge dismissed this claim, noting there was no supporting evidence and describing the shooting as deliberate. 

“Athman aimed at the head of the deceased instead of the hand that he allegedly held the machete,” the ruling stated. “He did not only shoot once but, after the first shot, he bent over the helpless boy and fired again at very close range. His conduct demonstrated malice aforethought.”

The judgment highlighted major failures in police accountability, including attempts by senior officers to conceal evidence. The court found that the initial police investigation had been mishandled and that only IPOA’s intervention ensured the case proceeded properly.