Officer in murder case misses court
A judge has ordered the Independent Police Oversight Authority to establish whether a police officer who had been ordered to appear in court yesterday to answer a charge of murdering a Standard Eight boy three months ago at their residence had gone for a Covid-19 test at the Mbagathi Hospital.
Police constable Duncan Ndiema Ndiwah, alias Champs, had been ordered by Justice Jessie Lesiit to appear in court yesterday to be charged with the murder of Yassin Hussein Moyo on March 30.
Yassin, 13, was shot by police on patrol while standing on the balcony of their third-floor family residence in Huruma estate in Nairobi.
Constable Ndiwah did not turn up in court Friday as directed.
Instead, the suspect sent five lawyers led by Danstan Omari to inform the court “he was undergoing a Covid-19 test at Mbagathi Hospital”.
Mr Omari told Justice Daniel Ogembo, before whom Ndiwah was to take plea, that the suspect had visited Bliss Medical Clinic on Thursday and been told he had Covid-19 symptoms.
“Given the seriousness of the Covid-19 pandemic, the accused went to Mbagathi Hospital to be examined fully to establish whether he had contracted the deadly disease,” Mr Omari told the judge.
Mr Omari submitted that the suspect had been cleared by IPOA to take plea since he was “found to be mentally fit to stand trial”.
The lawyer furnished Justice Ogembo with medical notes from Bliss Medical Clinic and asked the judge to mention the case on June 23 for further directions.
The family of the deceased, represented by lawyer Demas Kiprono from Amnesty International, said the matter is of great public interest and that “justice must be done”.
“If the suspect has gone for the Covid-19 test, then he should be indulged. This case is of great public interest,” said Mr Kiprono.
State prosecutor Gikui Gichuhi did not object to the matter being mentioned on June 23 but added that investigations should be carried out to establish whether the suspect had actually gone for the test.
In his ruling, Justice Ogembo directed the suspect to appear in person on June 23 to answer for the murder of Yassin.
Further, Justice Ogembo directed that a medical report on the Covid-19 status of the suspect be presented in court.
The parents of the deceased and his two sisters attended yesterday’s court session.
Mr Hussein Murti, the father of the deceased, expressed dissatisfaction with the manner in which the case was being handled.
“I will believe justice is being done when I see the accused stand before court being prosecuted,” said Mr Murti.
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