The High Court has postponed for the fourth time the prosecution of Pangani-based police officer Rashid Ahmed, who is accused of killing two teenagers, to March 29, 2023.
Justice Diana Mochache, who handled the case for the first time differed the plea taking in the matter to enable her peruse the file and understand the previous court proceedings before she can give directions.
The previous proceedings had been handled by Justice Justice Kanyi Kimondo who was not sitting today. During the last court session, Justice Kimondo had ordered Rashid to appear in court on Wednesday for plea taking.
But when the case was called for plea on Wednesday morning, Rashid's lawyers led by Danstan Omari informed the court that there are several pending preliminary issues which the court needed to handle before his client can be called to answer to the murder charges.
"You honour there are pending issues which your brother Justice Kanyi Kimondo had not dealt with before plea is taken including whether the court has jurisdiction to hear and determine the case against Rashid, " Omari stated.
But the prosecution, through Gikui Gichuhi, informed the judge the matter was coming up for plea claiming that there are no preliminary issues pending as alluded to by the defence lawyers.
Gikui stated that Justice Kimondo on March 5 had ordered for Rashid to appear in court today after declining his bid to stop his prosecution.
Consequently, Justice Mochache sought to be allowed more time to peruse the court file before a plea is taken in the matter.
"This is the first time this file has been placed before me. I need to understand the previous proceedings on whether there are preliminary pending issues or not as claimed by the parties. I also need to understand why Rashid is not in court physically for plea taking but in his advocates' chambers, "Justice Mochache said.
Rashid's police bond extended
She, however, ordered Rashid's police bond granted by Muthaiga OCS be extended until the next mention date.
The officer was expected to plead to the murder charges over the killings of the two teenagers Jamal Mohammed and Mohammed Dhair Kheri today following recommendations by the DPP for prosecution.
The court papers indicate that he shot and killed the pair on March 31, 2017, at Amal Plaza within Eastleigh over alleged involvement in criminal activities.