Police officer accused of illegal firearm possession claims girlfriend framed him

A police officer accused of possessing a firearm without a certificate has denied the charge, with his defence suggesting that he was framed by his girlfriend following a dispute between the two.

Fred Mwela Chebai is facing a charge of being in possession of a firearm without a firearm certificate, contrary to Section 4(1), as read with Sections 4(2)(a) and 4(3)(b) of the Firearms Act, Cap. 114.

The prosecution alleges that on April 10, 2025, at Ruaka Border Area in Kiambu County, Chebai was found in possession of an Ekol pistol, serial number EP-16114911, without a firearm certificate.

The prosecution also alleges that the circumstances surrounding possession of the firearm raised a reasonable presumption that it was intended to be used in a manner prejudicial to public order.

During cross-examination, the court heard that the complainant, Grace Wanjiku Wamboi, is the accused's girlfriend and had recorded a statement with investigators.

The prosecution's account was that Wamboi discovered the pistol in a shoe and subsequently handed it to a caretaker.

The defence, led by lawyers Danstan Omari and Shadrack Wambui, however challenged the circumstances surrounding the discovery of the firearm and suggested that Wamboi already knew about the pistol.

According to the defence account, Wamboi and Chebai allegedly struggled over the pistol before it was taken and handed to the caretaker.

The court also heard that the accused had allegedly accused Wamboi of being in possession of bhang, resulting in a dispute between the two.

The defence further alleged that Wamboi had a motive to implicate Chebai because of a dispute over ownership of a joint business.

When the investigating officer was asked why the accused would have a motive to possess an illegal firearm, the officer responded that he did not know.

The court was also told that Chebai is a serving police officer who, at the time of his arrest, was stationed at Sololo in Moyale. The officer confirmed that Chebai was not on duty at the time of the alleged incident.

The investigating officer further testified that the pistol was not a police firearm and that its origin was not known.

The prosecution also referred to ammunition allegedly found in connection with the case.