Two Directorate of Criminal Investigations officers based in Garissa charged with the murder of two civilians will remain in custody pending a ruling on their bond application.
This is after Director of Public Prosecution Noordin Haji opposed Adan Salat and Abdirahman Samow's release on bond, citing their security and the possibility of interfering with witnesses.
Adan and Abdirahman appeared before High Court judge Jessie Lessit. In the application, the DPP wants Adan and Abdirahman denied bail on the grounds that they face a serious charge of murder, which carries the death penalty if found guilty.
The two denied the charges. They are accused that on July 25 in Soko Ngombe area they jointly murdered Aden Abdi Madhobe and Mudhidin Aden Mudhow.
The prosecution said if the two officers are released, they are likely to interfere with key witnesses who are members of the Garissa township community living with their families and conducting businesses in the area.
“The threat to release the accused will cause the witnesses to be apprehensive and reluctant to give their crucial testimony in court,” court documents read.
The families of the deceased persons also reside in the same area and are eager to give their testimony, hear the testimony of the witnesses and see the court dispense justice, the DPP said.
He added that the court and the wider criminal justice system has a duty to ensure the protection of victims of crime and provide a platform for their views to be provided to court.
“Taking into account that the accused are police officers who can access weapons or use other means of causation against them and their families,” the prosecution added.
The application also stated that there has been public anger in relation to acts of police abuse within the country which have caused deaths of innocent Kenyans.
However, Adan and Abdirahman opposed the application saying they are family men and not a flight risk. They added that if the prosecution is apprehensive that they will interfere with witnesses, they will stay away from their station in Garissa and be with their relatives in Nairobi.
They further said they have not been involved in any previous criminal activities and were mistakenly arrested out of confusion caused by fracas in Garissa township on the material day.
