The High court has deferred the prosecution of Pangani-based police officer, Rashid Ahmed, to January 26, 2023.
Justice Kanyi Kimondo postponed the plea-taking of the case after it emerged that officer Rashid was unwell and is currently admitted at Madina Hospital in Eastleigh.
Danstan Omari, Rashid's lawyer informed the court that his client failed to appear on Thursday, December 8, because he had not been personally served with summons to appear as earlier directed by the court.
"My client has not to be served with summons to appear in court today. We came to learn that he is expected to appear in court this morning in the court's portal. Since my client is currently unwell l seek another date with my undertaking to present him in court for a plea, " Omari said.
The Director of Public Prosecution (DPP) through state counsel Wangui Gichuhi informed the court that they served the summons to have Rashid appear in court to his employer the Inspector General of police but have not yet received any response from the office over the same.
Following the finding that the summons to appear in court were not served to the suspect, the court adjourned the plea taking to January when Rashid is expected to appear failure to which a warrant of arrest will be issued.
The judge further ordered Rashid to provide a medical report in court showing that he is currently admitted at the hospital.
The officer was expected to plead to the murder charges of the killings of the two teenagers Jamal Mohammed and Mohammed Dhair Kheri today following recommendations by the DPP to have him prosecuted.
The court papers indicate that he killed the pair at Amal Plaza within Eastleigh on March 31, 2017.
Rashid also has a petition at the constitutional court challenging the decision by DPP and IPOA to prosecute him. He seeks orders barring the state from charging him.
He also argues that the intended prosecution is a well-choreographed plan to fix him without any lawful basis.
At the same time, Rashid indicates that on the day he is alleged to have executed the minors, he was within Eastleigh area 1st Avenue when a signal was circulated over the police radio of an ongoing robbery at Amal Plaza.
As part of his lawful duty to maintain law and order, he says he rushed to the robbery scene and came face to face with the armed robbers. There were several other police officers who had heeded the signal at the scene of the robbery.