- The state had accused the two of giving false information to protect their colleague, John Otieno, from being charged with murder.
- Otieno was charged last year with killing Katana at Uwanja wa Mbuzi, Kongowea, on August 12, 2016. Katana was 16 years old.
Two police officers accused of stealing a case file to protect their colleague from prosecution over the murder of a Form Two student were on Thursday released on bond.
Bernard Kingori and Faraj Masoud are said to have been behind the disappearance of a file created by the Independent Policing Oversight Authority (Ipoa) after it investigated the killing of Tony Katana in 2016.
The state had also accused the two of giving false information to protect their colleague, John Otieno, from being charged with murder.
Otieno was charged last year with killing Katana at Uwanja wa Mbuzi, Kongowea, on August 12, 2016. Katana was 16 years old.
On Thursday, Mombasa Chief Magistrate released King’ori and Masoud on Sh300, 000 cash bail each or an alternative bond of Sh500, 000 with a similar amount of surety.
According to court documents, King’ori is accused of hiding a file generated by Ipoa after it investigated the killing of Katana, who was a Form Two student at Havards Secondary School in Mombasa.
On Tuesday, Alex Gituma, the prosecution counsel, had asked the court to deny King’ori and his co-accused Masoud bond.
In his submission, the prosecutor had argued that the police officers are influential in the community and they might interfere with the witnesses if freed.
“Several vulnerable civilian prosecution witnesses, in this case, are very well known to the accused persons and there is a likelihood that if released on bond, they may threaten, intimidate, coerce or in any way try to influence the said witnesses,” said Gituma.
In addition, Gituma told the court that the crime the suspects are charged with attracts a jail term of life imprisonment.
He said the two might disappear if granted bail.
Furthermore, the prosecutor had argued that denying the two a bond would ensure the victims are protected from being harmed.
Ipoa's Jane Ndusya asked the court to deny bond to King’ori, arguing that the officer had shown signs of interfering with the case.
If released on bond, Ndusya said on Tuesday, the officer would be a risk in the case.
Ipoa said Katana died from bullet injuries inflicted in a clash with the police. He was said to have been heading home after attending a wedding when the incident occurred.
The police had argued then that the boy was part of a criminal gang operating in the area, allegations that were discredited by Ipoa investigations.
The case of Kingori and Masoud will be mentioned on June 22 this year.