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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Death |
Years Imprisoned: |
3.58 |
Year Crime: |
2010 |
Year Convicted: |
2012 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Kenya |
County or Region of Crime: |
Nairobi |
City of Crime: |
Nairobi |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Ahmed Mohammed Omar, Ahmed Abdalla Shaffi, Michael Ngungu Lewa, Moses Lochich, Nelson Kipchirchir Too and Erick Ebeere Melchizedek were six Nairobi policemen codefendants convicted on December 18, 2012 of murder in the deaths of shooting deaths of seven cab drivers on March 11, 2010 during a gun battle. All six, who were between 23 and 27 at the time of the shootings, were sentenced to death on December 20, 2012. On June 27, 2014 Kenya's Court of Appeals quashed the convictions of all six on the basis " the appellants’ defences of self-defence were improperly rejected because the learned trial Judge did not apply the right test. For this reason, we allow this appeal, quash the convictions for murder and set aside the death sentence passed by the trial court as against each of the appellants. The appellants are set at liberty unless otherwise lawfully held." After the men were charged they were denied bail on November 8, 2010 pending their trial, so they were in custody for about 3 years and 7 months before their release." |
Conviction Caused By: |
Trial judge erroneously rejected the defendants defense of self-defense. |
Innocence Proved By: |
"On June 27, 2014 Kenya's Court of Appeals quashed the convictions of all six on the basis " the appellants’ defences of self-defence were improperly rejected because the learned trial Judge did not apply the right test. For this reason, we allow this appeal, quash the convictions for murder and set aside the death sentence passed by the trial court as against each of the appellants. The appellants are set at liberty unless otherwise lawfully held."" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
Ahmed Mohammed Omar & 5 others v Republic [6/27/2014] eKLR (Criminal Appeal No. 414 OF 2012) |
Information Location 1: |
http://kenyalaw.org/caselaw/cases/view/99100/ |
Information Source 2: |
"APs on death row let off the hook, By Maureen Kakah, Daily Nation (Nairobi), July 28, 2014" |
Information Location 2: |
http://www.nation.co.ke/news/Kawangware-Taxi-Drivers-Murder-Death-Sentence-APs/-/1056/2401104/-/f5mpml/-/index.html |
Information Source 3: |
"Six AP officers walk free, cleared of killing 7 drivers, By Carole Mwaura (Staff writer), The Star (Nairobi), June 28, 2012" |
Information Location 3: |
http://www.the-star.co.ke/news/article-173430/six-ap-officers-walk-free-cleared-killing-7-drivers |
Information Source 4: |
"Six APs to hang for Kawangware taxi drivers murder, By Carole Mwaura (Staff writer), The Star (Nairobi), December 20, 2012" |
Information Location 4: |
http://www.the-star.co.ke/news/article-100294/six-aps-hang-kawangware-taxi-drivers-murder |
Information Source 5: |
"AP officers found guilty of Kawangware taxi drivers' killings, By Lydia Matata (Staff writer), The Star (Nairobi), December 18, 2012" |
Information Location 5: |
http://www.the-star.co.ke/news/article-99981/ap-officers-found-guilty-kawangware-taxi-drivers-killings |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org