Independent Policing Oversight Authority (IPOA) has claimed that the officer who was charged with the murder of a 13-year-old Yasin Moyo while enforcing curfew lied to the court.
IPOA accused the policeman, Duncan Ndiema, of lying to the court that he was undergoing treatment for Covid-19 at Mbagathi Hospital.
In a sworn affidavit by the investigating officer Benedict Otieno, IPOA told the court that on the day that the officer alleged he was in the hospital he was actually at Uthiru and Ndumbuini areas which are 15km from Mbagathi Hospital.
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IPOA says such conduct and giving misleading information to the court is indicative of his reluctance to adhere to court mechanisms and should be a factor taken into denying him bail and bond.
In the affidavit, IPOA says their investigation revealed evidence sufficient to support the charge of murder that the accused is facing before the court.
They claim if the accused person is released on bail pending trial before the prosecution secures the witnesses' evidence, there is a likelihood he will intimidate them.
“If the accused person is released on bail his release will disturb public order or undermine public peace or security and thus pre-trial detention will be necessary to preserve public order,” IPOA said.
At the time of the incident and his subsequent arrest, the tension in the community was high with a lot of animosity towards the police.
On June 19, the policeman's lawyer Danstan Omari told the court that his client was admitted to Mbagathi Hospital to undergo test for Covid-19.
The court ordered IPOA to authenticate the document submitted by the defense counsels and the accused's presence in Mbagathi for Covid-19 elated treatment.
But the accused's lawyer told the court that his client has a constitutional right to bond pending trial.
