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Man shot by police in cell freed on personal bond

Had been arrested for robbery with violence and possession of bhang

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by carolyne kubwa

Eastern08 April 2019 - 16:09
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In Summary


• After the shooting, the suspect was hospitalised until April 4

• Rights group says they have not been allowed to see a report in the police OB

Kennedy Onyango who was accidentally shot by police in a cell before chief magistrate Heston Nyaga at Makadara courts yesterday

A man accidentally shot by a police officer in a cell in February has been released on a personal bond. 

Kennedy Onyango, 21, was freed on a Sh50,000 bond. An investigating officer from Dandora had applied to have him detained for seven more days.

Corporal police Ayub Mulanda told the court that they needed more time to complete their investigations into the robbery with violence case against Onyango.

Mulanda told chief magistrate Heston Nyaga," The accused was arrested on April 5 at 5pm vide OB 65/05/04/2019."  

“I am investigating an offence of robbery with violence where the accused person robbed Tonny Maxwell Obala of Sh15,000 and a mobile phone valued at Sh15,000,” he told the court. 

The robbery with violence file has been forwarded to the DPP for directions.

Onyango is charged with being in possession of narcotic drugs but the prosecution had declined to have him plead to the charges. 

On the shooting allegations, Mulunda said the matter was being investigated by police and a report will be out after the investigations.

Onyango's lawyer Jackson Awele told the court that his client had been in custody for more than 48 days and there was no need to detain him more. 

“It will be so unfair to continue detaining the suspect even after police admitted that they shot him accidentally. We pray that he be released on bond as he is not a flight risk and lives next to Dandora Police Station,” Awele said.

Independent Policing Oversight Authority officers investigating the shooting were also present in court.

The magistrate released the accused on bond until the mention of the case on April 25.

Onyango was arrested for allegedly being in possession of bhang and was held at Dandora Police Station, where he was accidentally shot in the thigh by an officer.

He was taken to Kenyatta National Hospital on February 24 where he underwent surgery and was discharged on April 4. 

Last week, James Omondi from Dandora Community Social Justice Centre said the issue was reported to them but they had not been allowed to see a report in the police OB.

“We waited at the court today but we did not see Kennedy [Onyango]. We were, however, informed that the magistrate had declined to have him take a plea,” he said.

“The officers told us that they would change the charge sheet and were waiting for the complainant to record his statement.”

Onyango's father, Collins Onundo, said his son called at 11am on February 23 to tell him that he had been arrested for having bhang. 

Onyango told him he was being held at an AP camp in Kwambao near Industrial Area.

“I was at work so I didn’t go until 4pm when I found the AP officers planning to transfer him to the Kenya Police in Dandora,” Onundo said. 

When he went to the police station the next morning, officers told him Onyango had been arrested for robbery with violence and possession of bhang. 

Onundo said the officers declined to give him the OB number and instead read the charges out loud. 

 

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