State wants bail denied for cop accused of killing Yassin Moyo

The state has urged the court to deny a police officer accused of killing a 13 year old boy bail after he lied he was receiving Covid-19 treatment on the date he was supposed to be charged with murder.

On June 19, Lawyer Danstan Omari told the court that his client Duncan Ndiema was admitted at Mbagathi hospital undergoing Covid-19 test.

The court then ordered Ipoa to authenticate the document submitted by the defence counsels and the accused presence in Mbagathi for Coronavirus-related treatment.

An investigator with the Independent Policing Oversight Authority (Ipoa) told the court that he proceeded to Mbagathi on the same date and received information from the management of the hospital that they had not treated the accused that day as alleged.

Benedict Otieno told Justice Luka Kimaru that on the date the accused alleged that he was seeking treatment at Mbagathi hospital, he was at Uthiru and Ndumbuini areas which is 15 kilometres from the said hospital.

Ipoa said such conduct and giving misleading information to the court is indicative of his reluctance to adhere to court mechanisms and should be a factor taken into denying him bail and bond.

But Ndiema through lawyer Danstan Omari said he is ready and willing to attend court and his trial without fail at all times whenever required to.

Omari said Ndiema has a constitutional right to fair trial which entails the right to be presumed innocent until proven guilty.

“Detention of an accused person while there is no compelling reason is a violation of the aforesaid right. The offence of murder is bailable under the Constitution of Kenya,” he said.

Ndiema has been charged with the murder of Yassin Moyo.

He has denied committing the crime.