A police officer has been charged over the killing of a KCPE candidate at Kiamaiko in Huruma, Nairobi during the observance of curfew rules three months ago.
But Police Constable Duncan Ndiema Ndiwah alias Champs denied the charges when he appeared before Justice Luka Kimaru that he shot dead Yassin Hussein Moyo, 13 on March 30 2020.
Yassin was gunned down while standing at the balcony on the third floor of their family residence at 7.30pm.
Justice Kimaru asked state prosecutor Gikui Gichuhi whether she was opposing the release of the accused on bond.
“I will be opposing the release of the suspect on bond,” Ms Gichuhi stated.
She said there were some documents she was waiting to receive from the investigating team and that she required a day to prepare.
Team of eight defence lawyers
But the defence team of eight lawyers led by Danstan Omari told the judge that they had filed the substantive application seeking the release of the suspect on bond.
“I have already filed the court papers seeking to secure the release of the accused on bond,” Mr Omari told the judge.
He added that he will furnish the court with papers on the application to the state prosecutor.
The family of the deceased is represented by two lawyers Demas Kiproni and Oscar Odindo from Amnesty International.
Mr Kiprono said he will state the family’s position on the release of the accused on bond on Wednesday when the plea is made.
The accused was expected to appear in court last Friday but did not show up as he had gone for a Coronavirus test at the Mbagathi Hospital.
Today (Tuesday), Mr Omari said PC Ndiwah had tested negative when he was examined at the Aga Khan University Hospital.
“My client is Corona free. Here is the report from Aga Khan University Hospital,” Mr Omari stated flushing a copy of the medical report and certificate.
The lawyer also stated, “My client did not fire the bullet that whistled out the life of the young man on the fateful day. He has denied the offence before Justice Kimaru.”
Justice Kimaru directed the suspect be detained at the Capital Hill Police Station for a day then appear in court on Wednesday to argue for his release on bond.
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