The high court has deferred the plea taking of police officer who shot and killed his friend last week in Nyari estate to Tuesday next week.
Edgar Mokamba was expected to plead to the murder of Zachary Simwa but the prosecution told the court that the mental examination report was not ready.
The prosecution told Justice Hedwig Ong’udi that Mathare Hospital has been closed for a while and will be opened on Monday.
They asked the court to defer the plea to allow them to take Mokamba for examination before he is formally charged.
However, Mokamba’s Lawyer Danstan Omari asked the court to allow his client to take a plea without the mental exam.
In her ruling, Justice Ong’udi said Mokamba cannot take a plea without a mental exam from the hospital.
The judge directed the state to present Mokamba to Mathare Hospital at the earliest date and appear before her on Tuesday next week for mention.
Mokamba was also informed of the charge he is facing where it is alleged that he killed Simwa by shooting him.
On Thursday lawyer Omari said they intend to write to the DPP to reduce the charge from murder to manslaughter.
“We will be imploring the DPP if he finds our story is correct were request to enter into plea bargaining with a view of reducing the charge to manslaughter and he pleads guilty,” Omari said.
Mokamba was arrested on December 30 after he shot and killed his close friend Simwa at the Nyari estate where he was on patrol.
It is alleged that on December 29 Simwa went to visit Mokamba and they were chewing Miraa together but later he fired 10 bullets that led to the death of the deceased.
Mokamba claims that he never meant to shoot his late friend and says he is very remorseful.
Speaking to journalists, Omari said that his client and Simwa were seating in the car when they saw a suspicious woman who looked to be of Somali origin.
Omari says Mokamba asked the lady to identify herself because she looks suspicious thereafter he allegedly called his boss who came and apprehended the woman.
“As he was returning back to the car because he feared the lady might have been a terrorist he accidentally touched the trigger,” Omari said.
According to Mokamba, it’s that point that the bullets hit the ground and accidentally hit the deceased in the car
Omari said his client is apologizing to the citizens for mishandling his gun saying the deceased was his personal friend for many years and he had no intention of killing him.
Edited by Kiilu Damaris
