The armed Metropolitan Police officer who shot and killed Chris Kaba is set to keep his job following a change in the law.
The serviceman was cleared of murdering Kaba following a criminal trial in October 2024, having been accused of breaching professional standards.
He was awaiting a gross misconduct hearing and was facing the potential of being sacked.
The officer shot dead the gangster in Streatham, south London, in September 2022 after Kaba drove at armed officers in an attempt to avoid a police roadblock.
He was charged with murder, but the officer was acquitted by an Old Bailey jury after three hours.
Following the acquittal, he was reinstated by Scotland Yard.
In October, a review of the rules governing the police force was concluded, and the Government announced the law would be brought into line.
The officer, who is known as cypher NX121, still faced gross misconduct charges due to the shift in position not being applied retrospectively.
That changed today, when the Independent Office for Police Conduct announced in the interests of fairness, all ongoing disciplinary proceedings would be withdrawn.
Chris Kaba was shot once in the head in September 2022 | PA
Matt Jukes, the Met’s deputy commissioner, said following the news: “We hope the IOPC will finalise the proceedings against NX121 quickly, a course of action we have consistently advocated for following his unanimous acquittal at the Old Bailey and in the absence of any evidence that he had failed in his duties.
“Following a full criminal trial, the facts of the case were extensively tested before a jury, which returned a unanimous not guilty verdict.
“In our view, that should have brought this matter to a clear and definitive conclusion.
“We recognise the impact on NX121, his family and the wider firearms community, who have endured almost four years of uncertainty while these processes have unfolded, as well as the family of Chris Kaba, who continue to live with the loss of a loved one.
“We have consistently said since the criminal trial that there is no basis for further action against this officer and that remains our position.
The officer has been subject to years of investigations following the fatal shooting
|
GETTY
“I know this change will also provide reassurance to firearms officers across London and the wider country, who carry immense responsibility on behalf of the public and need confidence that decisions made in good faith, in fast-moving and dangerous situations, will be judged fairly.
“At the same time, this case has exposed that the current system is too slow. A split-second decision, taken in circumstances which presented an immediate threat, has been followed by years of investigations and legal proceedings.
“That has had a profound impact on everyone involved and demonstrates the need that both policing and the IOPC recognise for a swifter system that maintains both public confidence and rigorous accountability.
“Police officers understand and accept that they will be held to account when they use lethal force. Equally, the public, bereaved families and officers deserve an accountability system that is fair, straightforward, proportionate and timely. Today’s decision reinforces the importance of delivering exactly that.”
Andrew Johnson, the director of strategy and policy for the IOPC, said: “We carefully considered the law change and its stated intent to address the perceived unfairness and lack of proportionality of the civil law test.
“We believe this position provides consistency across impacted cases and is fair to officers who are facing potential dismissal for misconduct, which if it occurred now, would not amount to misconduct under the new law.
“We expect the number of relevant cases that are affected by this law change to be relatively small.”
Mark Williams, head of the Police Firearms Officers Association, said: “We are pleased at this decision and welcome the fact this four-year ordeal looks like it is finally reaching a satisfactory conclusion. We never underestimate the role firearms officers perform and also the impact being involved in a shooting has on them and their family.
“We should be grateful that we have firearms officers, who are all volunteers, willing to run towards danger on our behalf.
“We now want to see a speedy resolution to this case so Martyn can get on with his life and his career.”
The IOPC contacted Kaba’s family to inform them of the news and if they wanted to comment.
A final verdict on NX121’s case is expected next month.