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.

Independent Policing Oversight Authority Act

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”.

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.