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A Kenyan-born American professor was on Monday morning shot and seriously injured in Ngara Nairobi in unclear circumstances.

Prof Ibrahim Owenga was shot by Administration Police Constable George Lemale who claimed the don had attacked him along the slip road leading to Globe Cinema Roundabout.

Preliminary investigations however point to a cover up following reports that even after the shooting, the matter was not immediately reported to the headquarters.

Also, the firearm was later assigned to another officer without being subjected to ballistic analysis as required by law.

Nairobi Region police commander Adamson Bungei said his officers were at the Globe Cinema Roundabout on patrol duties when they saw some motorists using the wrong side of the road.

The officers claimed that they approached the motorists and on enquiring why they were using the wrong side of the road, one of the motorists, Prof Owenga, alighted and attacked Constable Lemale.

“A struggle ensued and the officer discharged one round from his AK-47 rifle after which the motorist rushed back to his vehicle and sped off towards University Way,” Bungei said.

It was not immediately established why the officers only singled out Prof Owenga, amid reports that there were dozens of other motorists who were using the wrong side of the road following the closure of a section of the road.

More than one round

An assessment of the bullet holes in the car suggested that the officer fired more than one round of ammunition. Records at Central Police Station only indicate the rifle was returned to the armoury less one round of ammunition.

The incident is said to have been captured by other motorists and it is believed the officers handcuffed the don before he was shot.

Further, police did not also explain the nature of struggle that justified the shooting. Firearms may only be used when less extreme means are inadequate to save and protect the life of the officers or other person.

It was later established that the motorist was Prof Owenga 51, a resident of the US is currently on vacation.

The police commander said preliminary investigations show the professor was accidentally shot during the struggle.

To record statement

“He is in a stable condition and detectives will record his statement to establish what actually transpired,” Bungei said.

He had been shot on both thighs and is currently admitted at the Nairobi Hospital in stable condition. He drove himself to Nairobi Hospital where the security team informed officers from Kilimani Police Station that they had a patient with gunshot wounds.

It was after the hospital reported the case that officers from Central Police Station reported the matter to the headquarters. Curiously, both the officers booked off duty and their phones remained switched off for the better part of Monday.

Bungei has said investigations had been launched and the victim’s statement will be recorded once he is discharged from hospital.

The police have the right to use justified force while apprehending a suspect or trying to prevent a crime, and may use firearms, depending on the circumstances.

In all cases, the degree of force used must be proportional to the gravity of the offence, and the legitimate objective to be achieved, among others. These rules are set out in the National Police Service Act.

The shooting comes just a week after four young men were shot dead in Buruburu by people believed to be police officers.

Brian Mwangi Kariuki (24), Francis Kamau Kamanu (27), Ben Mwangi Kinyua (24), and Julius Mwikia Mwangi (25) were shot on the eve of Christmas day but so far, no arrests have been made.

Police headquarters later revealed that the slain suspects had been charged with several counts of robbery, stealing and burglary in Athi River and had been released from Athi River GK Prisons in November last year.

The suspects had been arrested on April 20 after investigations linked them to a January 7, 2023 robbery at Kencam Pharmaceuticals in Athi River, Machakos County where they stole items worth Sh690,000. Detectives have also said the gang of five was behind robberies and burglaries within the city and its environs, including Machakos and Kiambu counties.