- Prosecution counsel Abel Omariba opposed their release on bail saying the stolen files have put witnesses at risk.
- The accused through lawyer Businge Robert, however, said they have a constitutional right to bail.
Image: FILE
A record manager and two other suspects were on Monday charged with stealing a murder investigation file at the Independent Policing Oversight Authority.
Norbert Ouko, the record manager at IPOA, was charged alongside Bernard Ochieng' and David Okunda before Milimani senior resident magistrate David Ndungi. They all denied the theft charges.
According to the charge sheet, the three are accused of stealing murder investigation file and assorted investigations documents from IPOA.
They allegedly committed the offence between December 1, 2020 and May 29, 2021 at the IPOA head office along ACK annex building in Nairobi.
Ouko was charged with an alternative count that in the course of stealing, he dishonestly removed IPOA murder investigation files from IPOA offices on May 29 in Embakasi.
Ochieng and Okunda allegedly dishonestly undertook the disposal of IPOA murder investigation files by Ouko knowing or having reasons to believe them to be stolen.
Prosecution counsel Abel Omariba opposed their release on bail saying the stolen files have put witnesses at risk.
“Therefore, we are requesting that the accused be remanded at Capitol police station on basis that the investigating officer needs to make arrangements with the witness protection agency to ensure the safety of the witnesses,” the prosecution said.
The court heard that the investigating officers also need to gather data and other missing files. They will also need to know the witnesses that will require protection with the hope that they will manage to recover the missing files.
The accused through lawyer Businge Robert, however, said they have a constitutional right to bail.
Businge argued that a charge sheet has been produced before the court and the prosecution should have argued this application before charging them.
The application is an abuse of court, he argued.
“The charges are bail able and therefore we pray that you disregard the application and grant the accused bail,” the court was told.
The magistrate however, agreed with the prosecution and remanded the three for seven days at Capitol Hill police station.
-Edited by SKanyara