UPDATE: Wednesday, March 29, 2023: Matter came up before High Court Judge Kavedza Diana, for directions on whether to proceed with plea or deal first with the application by Ahmed Rashid challenging jurisdiction of the court to hear the matter. The court directed that it would first deal with the application. Court heard submissions by all parties and will render a ruling on April 17, 2023. The suspect to be in the custody of the police at Muthaiga police station on April 17, 2023 for the ruling.
UPDATE: Wednesday, March 22, 2023: Matter was before High Court Judge Kavedza Diana Rachel for plea taking. The Judge indicated she was not conversant with the file and required to familiarize herself with the file first before proceeding. She deferred the matter to February, 29 2023 at 11:00am for mention
UPDATE: The High Court has dismissed the application during a court sitting today. Friday, March 3, 2023. Justice Kanyi Kimondo said he cannot encroach on the independence of the DPP and that the application by the accused officer lacks merit. Mr Rashid is scheduled to take plea on March 22.
UPDATE: The officer filed an application which sought to restrain the Independent Policing Oversight Authority, the Director of Public Prosecution, DPP and the Inspector General of Police, IG from commencing criminal proceedings against him.
UPDATE: Matter placed before Justice Kimondo for plea taking on Thursday, January 26, 2023. The officer was ordered to report to DCI offices in Garissa and be escorted to Nairobi. Thereafter be escorted for a psychiatric examination pending arraignment.
The High Court has issued summons against a police officer following the fatal shooting of two men in Eastleigh, Nairobi.
Mr. Jamal Mohamed and Mr. Mohamed Dahir Kheri died in a hail of bullets on 4th Eastleigh Street, 1st Avenue on March 31, 2017.
The shooting which according to witnesses happened between 2pm and 3.30pm, triggered off an investigation by the Independent Policing and Oversight Authority, following initial reports that police officers were involved.
Section 25 of IPOA Act dictates that the Authority “shall investigate any death or serious injury which are the result of Police action or were caused by members of the National Police Service while on duty”.
Independent Policing Oversight Authority Act
25. Deaths and serious injury in custody
(1) The Authority shall investigate any death or serious injury including death or serious injury while in Police custody, which are the result of Police action or were caused by members of the Service while on duty.
The investigation established that a police officer was involved and guided by Section 29 of the Act, forwarded the case file to the Director of Public Prosecutions, with the recommendation that Corporal Ahmed Rashid be charged with murder.
After a series of reviews, the ODPP wrote to IPOA Chief Executive Officer, Mr. Elema Halake, expressing satisfaction with the findings contained in the file and further, gave the greenlight to have the officer charged.
At the time, he was attached to the City’s Pangani Police Station.
“After perusal of the investigations file, and upon critical analysis of the evidence therein, we are satisfied that there is sufficient evidence to charge the suspect with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code,” the letter reads in part.
Today, IPOA moved to court and obtained summons against the officer, to present himself in court and take plea on Thursday, December 8, 2022.
The orders were given by Justice Kanyi Kimondo.
In the investigation, IPOA recorded statements of ten witnesses including members of the public and police officers, besides reviewing CCTV footages, ballistic analysis and attending post-mortem examinations.
The autopsy showed that the two died of multiple bullet wounds, in the head, chest, arms and legs.
The Authority unfortunately could not establish the identity of another person, who was in the company of the police officer – both were clad in plain clothes.