#DelayedJustice

A police officer who was found guilty in March for the murder of a fisherman in Naivasha is now pleading for forgiveness.

Evans Malianya will face the judge on July 28 for sentencing.

He was found guilty by justice Richard Mwongo, for the brutal murder of Moses Wanyoike on July 27, 2014.

While making his final plea through lawyer Cliff Ombeta, the convicted officer said he was remorseful and was hoping Wanyoike’s family will be “touched, forgive him and forget”.

“It comes from the heart, in as much as the incident happened, he is on bended knees asking for forgives,” Ombeta told the judge on Wednesday.

Ombeta said it is painful that the deceased life was cut short and that he left a young family; a young wife and a baby.

“I know the family of the deceased has suffered; we cannot deny that. The parents have suffered yes, we have been told that the parents depended on him, but he is before them on bended knees asking for forgiveness,” the lawyer said.

Responding to the last-minute plea by the ex-police officer, Edward Mbanya, the victim’s lawyer from International Justice Mission said the officer was not remorseful because his actions after he shot Wanyoike were contrary to what he had told the court.

Mr Mbanya said Malianya had attempted to cover up the killings by falsely charging two men – Douglas Tutu and Johnstone Ndichu who were fishing with Wanyoike that day.

Malianya had charged Tutu and Ndichu with theft of a sheep worth Sh10,000 but the case was dismissed for lack of evidence.

“I can demonstrate from the lower court proceedings that accused showed no remorse in that court. We will be praying for a maximum sentence for this act,” the lawyer said.

Ombeta had earlier asked the court to release the former police officer on bail pending sentencing, but the request was rejected.

The lawyer said Malianya’s family had equally suffered just like the others. He said even if Wanyoikes wife was still in pain Malianya deserved forgiveness.

“About the deceased two friends, they had their nightmares; they were affected both mentally and psychologically. They too miss their friend, but this does not stop the accused from asking for forgiveness,” Ombeta added.

 The lawyer also told the court that it was now time for the family to stop thinking with their heart but with their head because “if you think with your heart you never stop crying”.

 He added, ” your honour he was a model citizen before this incident. He was arrested in 2016, he has regretted every single second every single minute, every single hour”.

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