DPP, IPOA accused of delaying evidence in Police murder trouble
A court has ordered the Director of Public Prosecutions (DPP) and Independent Police Oversight Authority (IPOA) to supply five police officers charged with murdering an inmate at Changamwe Police Station with witness statements to enable them to prepare for their defense.
Justice Momanyi Bwonwong’a directed the DPP and IPOA to furnish seven defense lawyers with the evidence by September 28, 2022.
“Orders of this court to DPP and IPOA to supply the accused persons copies of the investigation diary compiled by the office of the DCI have not complied with,” Justice Bwonwong’a noted.
The trial judge allowed a plea by defense lawyers Danstan Omari, Samuel Ayiro, Cliff Ombeta, Anita Masaki, and Aranga Omaiyo that the DPP and IPOA be compelled to avail copies of the investigation diary to the defense immediately.
Simultaneously Justice Bwonwong’a said he will determine on October 25, 2022 whether to release the five police officers on bond.
Prayed Omari: “I urge this court to suo motto (on its own motion) free the officers on bond as they are being mistreated by IPOA which has withheld vital evidence from them yet they have rendered unsolicited service to the public.”
Omari asked the judge to take judicial notice of how police officers perish in the course of duty just like the 10 who were killed by bandits pursuing stolen cattle in Turkana East early this week.
Added he: “These suspects before you appeal for mercy and humbly urge you to free them on the bond which they have been denied twice.”
The judge was informed the prosecution had indicated it will lead evidence expeditiously but it is now one year down the line since the assurance and the case has not begun.
Mr Ayiro said the prosecution has failed to avail evidence from Mombasa.
Mr Ombetta said it is a sad affair that the DPP and IPOA can defy a court order for one year and none is punished.
The five officers are jointly charged with murdering Caleb Otieno, a former matatu tout who was arrested while reportedly consuming illicit brew in Mombasa during a police crackdown.
Otieno who was arrested alongside two other women revelers was detained at the Magongo-based police station before he met his untimely death.
IPOA investigated the incident and then passed the file to the DPP for perusal and advice.
The accused are detained at Kamiti maximum prison.
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