The state now wants to have Embakasi DCIO Samuel Mwongela charged for allegedly shooting guard dead remanded until her murder case is heard and determined.
In an affidavit, the DPP and IPOA have given the High court trial judge Lilian Mutende several reasons as to why Mwongela should not be released on bail pending the hearing of his murder trial.
The prosecution claims the officer who is currently being held at the Industrial Area Remand prison killed the late Lapaja Topiwo Laizer a guard at Red Square Hotel along Kangundo road in Kayole Sub County on the morning of May 13, 2021.
Mwongela who has since denied murder charges is said to have engaged in an altercation with the guard at the lodging after he declined to open the gate for him.
IPOA investigating officer Jane Ndusya wants the DCIO detained saying that he’s highly likely to threaten, intimidate, coerce and interfere with any of the state witnesses.
“There is a high likelihood that if Mwongela is released on bond or bail the accused will threaten, coerce and interfere or in any other way try to influence the civilian witnesses,” read the court papers.
IPOA says that the DCIO is charged with the offence of murder and if found guilty the punishment melted out could be that of death penalty and therefore there are more probabilities and incentives for him to abscond if released on bail pending the hearing and determination of his case.
The state says that most of their civilian witnesses in the case are well known to Mwongela and if released on bail he will try to influence the said witnesses.
“It is in the interest of justice that the court considers their application and the agony that the family of the victim is going through,” Ndusya says.
She adds that the officer resides near the scene of crime and is in charge of investigations within the neighbouring jurisdiction of the scene of crime.
“That at the time of the accused person’s arrest he threatened the police officers that no one should go near him or he will shoot them and there is a high likelihood that if released he will still threaten, intimidate, coerce and interfere or in any other way try to influence the said junior officers,” says Ndusya.
However, Mwongera through lawyer Dunstan Omari is opposed to the state application and wants his clients released on bail.
During the arrest of the accused, it is said that witnesses told police that Mwongela arrived at the lodging at about 3:30 am and ordered the guard to open the gate. The DCI officer then shot Laizer in the chest, killing him instantly.
It is said that the DCIO had gone to the club in the morning and demanded to get in and when he was denied entry, he shot one bullet which hit the guard in the chest.
The officer is said to have been on duty overnight on the material day and wanted to go rest at the lodging.