• Police are human beings, they are entitled to equal rights court says as it frees AP officer in bodaboda rider killing.
• Ayieka, an AP officer, said to have shot Mburu dead during a confrontation over parking outside Mama Lucy hospital.
Police officers are human beings, they deserve equal rights, these were the words of a Chief Magistrate when he freed a police officer accused of Murder.
Zaddock Ochuka Oyieka who allegedly shot dead a boda boda rider at Mama Lucy hospital last month was on Friday released on a Sh1 million bond with a surety of the same amount.
Chief Magistrate Heston Nyaga, however, gave the suspect strict conditions not to interfere with witnesses or investigations.
Nyaga ordered Oyieka not to go to the scene of the tragedy - the hospital under any circumstances and not to contact potential witnesses.
Oyieka has been in custody for 16 days since his arrest on February, 20.
He allegedly shot Mburu who had brought a patient at the facility.
The officer confronted Mburu after he packed his motorbike at the gate of the facility and when they could not agree, he cocked his gun and shot him in the chest.
On Friday when the matter came up for mention Chief inspector, Wilson Yengo of Kayole DCI offices filed an application seeking to continue holding the suspect for an additional period of five days.
He said he needed to close gaps pointed out by the Director of Public Prosecutions.
“Your honor we forwarded the file to the office of the DPP for perusal and we were given direction on a letter dated 5/3/2020 to record at least five statements of bodaboda riders and that IPOA should also investigate the case,” Yengo said.
State prosecutor Joseph Mburugu argued that if the suspect is released he is likely to intimidate witnesses given his position of authority.
“The right to liberty is not sacrosanct and can be limited. The suspect is likely to abscond if given bond and the court cannot close its eyes and fail to consider the public interest,” Mburugu said.
This was met with objection from defense counsel Nick Omari who contended that the investigating officer had not indicated the likelihood of interference of witnesses after 17 days.
“There is no law for civilians and a different one for police officers. The suspect is a constable, the lowest rank in the police force, his abode is known and there is no way he can abscond court or interfere with investigations,” Omari argued.
The counsel noted that the suspect being a police officer does not make him a lesser being from others and he is entitled to equal rights as provided for in the constitution.
Omari further said that the continued detention of Oyieka is a violation of his rights as a suspected person.
He added that nothing has been presented before the court by the prosecution to justify denial of bail and bond either by proving Oyieka’s possibility to interfere with investigations except alleged “whimsical probability” because he is a police officer.
In his ruling, Nyaga said that he has considered the argument made and the authorities cited by the advocate for the respondent.
“It is true that the respondent is a police officer. That does not make him any less of a being he is entitled to equal rights under the constitution,” he said
He added that the nature of further investigations does not guarantee that the I.O will be through in five days.
Oyieka will be reporting to the Kayole DCI offices every Tuesday until March 16.