• Beckham Osoro is accused of shooting to death Reuben Karani at 3am while he was chewing miraa at a local kiosk in Mathare.
• He was denied bail by Justice James Wakiaga and now wants a review of the same.
Image: CAROLYNE KUBWA
A police officer who shot dead a man in Mathare while enforcing Covid-19 curfew has asked the court to review his bail application.
Beckham Osoro Orwaru, who has been in custody since May last year when he was charged, wants the court to review Justice James Wakiaga’s ruling that denied him bail.
Osoro is alleged to have shot Reuben Karani, 26, on April 13 in Mathare Area 4.
Osoro appeared before Justice Daniel Ogembo in a virtual court session. Through lawyer Dastan Omari, he asked the court to hear his application.
The prosecution, however, said it is not aware of the application and sought time to consult.
The court directed them to file responses to the application and all parties to appear in court on January 28 for hearing.
Omari said the application was filed on October 28 last year after the court dismissed his client’s application for bail.
In the application, Omari argues that by dismissing Osoro’s bail application, the court had passed judgment against him and found him guilty before he was even tried for the alleged offence.
“The continued detention pending trial immensely undermines, devalues and contravenes Osoro’s constitutional right to be presumed innocent until proven guilty,” the application reads in part.
Judge Wakiaga had ruled that if released, the accused would be a threat to the witnesses and family of the deceased since he is a police officer.
However, Omari says the judge failed to take into account the fact that upon the arrest and arraignment, the accused was automatically interdicted and has no access to police machinery, equipment and operation.
“If orders sought herein are not granted the applicant stands to continue basking in the rays of injustice as he is remanded in prison yet he had a constitutional right to be presumed innocent until proven guilty and the right to bail or bond,” Omari argues in the petition.
Omari who swore an affidavit on behalf of the accused said he did that because Osoro is remanded in prison and the law firm is unable to access him due to Covid-19 restrictions.
Omari further tells the court that Osoro is willing and ready to comply with and abide by terms the court may set
In his ruling, judge Wakiaga argued that the deceased's family had lodged a complaint with the ODPP before the accused was charged, which confirmed a likelihood that Osoro may interfere with the course of justice if released.
He further ruled that the fact that the offence was committed while enforcing curfew regulations was also a factor.
"I have taken into account as his presence as the area will have an impact on his fellow officers," he said.
The accused has thus been in remand prison since last year awaiting hearing of his case.
The hearing was set for March 16.