A police officer scheduled to be charged with murdering two youth six years ago, has filed a case seeking to block his trial.
Sergent Ahmed Rashid alleges that Non-Governmental Organisations pressing for his prosecution are using the court process to raise funds to fatten their accounts.
The High Court has directed that he answers charges of murdering Jamal Mohamed and Dahir Kheri on February 9, 2023.
Sgt Rashid will answer charges of murdering Mohamed and Kheri on March 31, 2017 within Eastleigh Nairobi County. He will answer the charges virtually from Capitol Hill Police Station, Nairobi.
In the application filed under Certificate of Urgency by lawyer Danstan Omari, Sgt Rashid is questioning the authenticity of a video clip where he is allegedly firing at the victims.
Besides, Sgt Rashid is asking the High Court to expunge all the evidence compiled by IPOA in association with other civil rights groups saying it does not meet the legal threshold.
Justice Kanyi Kimondo, before whom Sgt Rashid was scheduled to appear on January 26, 2023 to answer the murder charges directed the case be mentioned on February 8, 2023 for further directions.
Sgt Rashid did not show up in court. The court herad that he was attending to some urgent family matters in Garissa County.
Following the revelation, the judge directed the suspect to immediately surrender himself to the Divisional Criminal Investigations Officer (DCIO) , Garissa Township Mr Muli, who is an Assistant Superintended of Police.
In his ruling Justice Kimondo ordered: “I order Sgt Rashid to surrender himself to Garissa DCIO, Senior most officer –in-charge of the Station or the CCIO Charles Ndung’u or before the Commissioner of Police Inspector General Japheth Koome by close of business on January 26, 2023.”
The judge further directed Sgt Rashid to be escorted to under-go a psychiatric examination at Mathari Mental Hospital.
Justice Kimondo gave the suspect a window of freedom saying, “If he voluntarily surrenders then police are at liberty to release him on bond, terms of which will be determined by the Cfficer Commanding Station (OCS).”
The judge ordered Sgt Rashid be transferred from Garissa to Capitol Hill Police Station where he will be detained until February 9, 2023 from where he will be prosecuted virtually.
“In view of the orders herein, the undertaking by defence lawyer to produce the suspect be and is hereby discharged,” Justice Kimondo ruled.
The court directed if that if the dreaded Pangani Police Station ‘crime buster’ does not surrender then a warrant of his arrested shall be issued forthwith.
Block the trial
In the petition seeking to block the trial, the judge directed Mr Omari to furnish the respondents namely the Independent Policing Oversight Authority (IPOA), Director of Public Prosecutions (DPP), Inspector General of Police and Eastleigh Business Community which are listed as interested parties in the case with copies of the petition to file a response.
It is alleged Mr Rashid killed the pair on March 31, 2017, at Amal Plaza within Eastleigh, Nairobi County.
The two victims, were killed over allegations that they were part of a criminal gang.
The prosecution of Sgt Rashid follows investigations by Ipoa which describe him as a trigger happy cop.
Mr Omari said Sgt Rashid is still a serving police officer and he will abide by the court directives.
