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Chief and AP officer deny murder charges

Deceased was allegedly assaulted by the duo while in handcuffs after he stole Sh20, 000

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by gerald mutethia

Health30 May 2019 - 15:53
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In Summary


• They had filed petition blocking prosecution on grounds that their rights were violated; it was dismissed. 

• They are out on bond.

A chief and an Administration Police officer accused of torturing a 22-year-old man to death have denied murder.

Antubariku assistant chief Kennedy Karuwa Bariu, 32, and Salesio Galgallo, officer-in-charge of Kiraone AP camp, denied killing Erick Mwenda on June 6 last year. The deceased was allegedly assaulted while in handcuffs by the duo after he stole Sh20, 000. 

Prosecution led by Antony Musyoka told Meru resident judge Alfred Mabeya that the two public servants killed Mwenda at Antubariku sublocation, Igembe South, Meru.

 

Defence counsel Kiogora Mugambi pleaded for the suspects to be released on lenient terms or their bail be maintained.

Mugambi also asked the court to authorise the prosecution to supply them with copies of the charge sheet, Safaricom phone call data and all relevant evidence that the prosecution intends to use during trial.

Musyoka said they are ready to supply the defence counsel.

Mabeya extended the bond of Sh500, 000 each with one surety of similar amount or a cash bail of Sh300,000.

He had directed the officer to undergo a mental assessment at Meru Teaching and Referral Hospital to determine his fitness to stand trial.

The assistant chief had undergone the test.

On Thursday, the prosecution did not oppose Kiogora’s application for his clients to be released on lenient bail terms pending plea taking.

 

Kiogora said the two were not a flight risk and that they had cooperated and attended court whenever needed.

The court had earlier dismissed a petition by the suspects to stop their prosecution. Mugambi named Director of Public Prosecutions Noordin Haji, Inspector General of Police Hillary Mutyambai, Director of Criminal and Investigations George Kinoti as first, second and third respondents.

Others enjoined in the suit are Igembe South subcounty criminal investigations officer, Independent Policing Oversight Authority and Independent Medical Legal Unit.

While dismissing their petition, Meru judge Ann Ong’injo said the delay to arraign the suspects cannot be attributed to the DPP.

Ong’injo said the petitioners claimed their rights are being violated but "having gone through the grounds, she failed to find any of specific violation".

The suspects had filed the petition claiming they were not at the scene of the crime when the man was killed. 

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