By BOB AMALEMBA
June 7, 2026| The High Court at Kitale has acquitted a National Police Reservist who fatally shot a man during a confrontation with more than 100 armed invaders at an ADC farm in Trans-Nzoia County, ruling that the officer acted in self-defense and under extreme provocation.
Justice Robert Limo, in a ruling delivered on July 2, 2026, found that the prosecution’s case against Winslus Wanyonyi Wanjala was “simply unsustainable” and commended the officer for his gallantry in the face of overwhelming odds.
“Where else in the world would one taunt an armed officer that the rifle he is holding is a useless G3 rifle? Where and what are the likely consequences of taunting a police officer like that?” the judge posed in his ruling. “A provoked officer can act out of anger but the accused in this instance was calm and collected.”
The Incident
Wanjala was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, after the death of Victor Wafula Musundi on December 3, 2022, at ADC Suam Orchards Farm near Malik Primary School in Endebess Sub-county.
According to evidence presented in court, the accused was officially deployed to provide security at the farm. On the material morning at around 6am, over 100 unauthorized persons invaded the farm with the intention of stealing harvested maize or collecting leftovers.
Saitoti Mulweti (PW1), a security officer at the farm, testified that when he warned the invaders to stop the theft, they became hostile and forced him to seek backup from the NPR officer. He accompanied Wanjala back to the farm, where they were confronted by the crowd.
“On seeing us, the people pursued us. They were over 100 people. We were in danger,” PW1 testified. “The NPR officer shot in the air to scare the people. He released 2 bullets upwards and people dispersed.”
PW1 further stated that the invaders were armed with pangas, arrows, stones, and slashers—”they were properly armed.”
Eyewitness Account
Jackson Arisa Mogendi (PW2), another security officer, corroborated the account, telling the court that he found people stealing maize and that they had insulted him when he told them to stop. He testified that he retreated and called the NPR officer.
“When the people saw the NPR with a G3 riffle, they said they were used to an AK 47 and that the G3 gun was nothing,” PW2 stated.
The officer found himself alone against the armed crowd. PW2 recounted: “The officer told them to leave. The people refused and instead surrounded the officer while they were armed. Sensing danger as the people were getting near to him, the NPR officer shot in the air. It was one shot. One of them told the officer that they were used to the gun shots back at their home in Uganda and asked the officer to shoot even 100 times.”
Medical Evidence and Self-Defense
Dr. Alex Wanyonyi (PW7), who performed the post-mortem, found that the bullet entered the deceased’s frontal right chest and exited on the back left side—indicating the deceased was shot from the front. The investigating officer (PW10) stated the distance between the accused and the deceased at the time was about 40 meters.
The court noted that the rifle was loaded with 20 rounds of ammunition, but the officer only discharged two bullets despite the danger he faced. When the hostile crowd retreated, he stopped shooting.
“This clearly corroborates the account given by both PW1 and PW2 that the accused was under attack and faced great danger when he first shot in the air before shooting at the deceased,” Justice Limo observed.
“The evidence placed before this court clearly shows that the accused was out to defend himself and secure the farm he had been deployed to ward off thieves. That he first shot in the air to try to scare away the invaders shows that this was a gallant officer who certainly was simply out to do the job he had been deployed to do. This was not a reckless officer misusing his firearm or a person who should be arraigned before court.”
A Stern Rebuke
The judge took issue with the decision to prosecute the officer, suggesting authorities should have handled the matter differently.
“The police and the Office of the Director of Public Prosecution (ODPP) should have done better in the circumstances. Dragging such dedicated officers to court can be counter-productive especially given the circumstances under which the officers in that area operate,” the judge stated.
“They are faced with thieves some of whom are armed foreigners likely to cause havoc and simply cross-over the border and vanish to avoid the long arm of the law.”
The court found that there was no sufficient evidence to place the accused on his defense, ruling him not guilty of the murder charge.
Wanjala was acquitted and his security was ordered returned to the depositor.
The ruling underscores the challenges faced by security officers in border regions like Trans-Nzoia, where armed cross-border crime remains a persistent threat, and raises questions about the threshold for prosecuting officers acting in self-defense.