Makindu Law Court has ruled that Kenya Wildlife Service (KWS) rangers were justified in shooting dead a 17-year old student inside the Tsavo National Park.
The court ruled on Wednesday, October 11 that the KWS officers acted legally since Benedict Kyule was shot inside a protected area.
Kyule was killed in 2019, at a time when he was a KCSE candidate at Kiuani Secondary School in Kibwezi East.
As a result, an inquest led by Makindu Senior Principal Magistrate Benson Nyga was formed to establish if there was sufficient evidence to prosecute KWS officers involved in the shooting of the KCSE candidate.
11 witnesses including the deceased’s father and four officers testified in the public inquest.
The magistrate noted that the deceased was inside the park accompanied by unknown poachers who escaped during the incident.
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According to the police report, there were four spent cartridges from a 303 rifle at the scene of the killing, although the officers did not identify the gun that was used in the shooting.
“During their patrol within the Komboyoo section, Tsavo West, the officers testified that at around 3 a.m. when wild animals frequent for water, they encountered gunshots fired in their direction.”
“They immediately took cover, lay on the ground and started firing back to protect their own life and that of the wild animals,” the magistrate read.
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At the same time, the Magistrate regretted that it is so unfortunate that Kyule caused his own death inside Tsavo National Park.
“The court finds that the shooting happened at night, and the rangers were shot in the dark, what were they supposed to do?”
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“Therefore, in my consideration, the three rangers acted lawfully to safeguard their lives and the wildlife.
“They didn’t deliberately or intentionally cause the death and I direct this file be closed for further action,” the court found.
However, the deceased’s father Kioko Muli said he was not satisfied with the ruling, adding that he would appeal the court’s decision.
