• In an application filed at the High court, Rashid wants the ODPP to review the decision to charge him for murder of two.
• Through lawyer Danstan Omari, Rashid argues that IPOA is not acting in good faith and has a bad motive
Eastleigh-based crime buster Rashid Ahmed Hassan now wants the court to stop his plea taking scheduled for next week.
Last week, IPOA obtained summons against Rashid to attend court on December 8 and take a plea for the murder of Jamal Mohammed and Mohammed Dhair Kheri.
The offence was allegedly committed on March 31, 2017, at Amal Plaza in Eastleigh.
In an application filed at the High Court, Rashid wants the ODPP to review the decision to charge him with the murder of the two.
Through lawyer Danstan Omari, Rashid argues that IPOA is not acting in good faith and has a bad motive in their decision as he has never been summoned to give any account on the allegations.
Omari filed the case at the Milimani courts accompanied by several lawyers and the Eastleigh business community who all demanded the freedom of Rashid from the case.
However, speaking after the presser by Rashid’s lawyers, Amnesty International boss Irungu Houghton said the application by Rashid to stop his prosecution was premature.
Irungu said Rashid should wait to appear in court on December 8 to defend himself.
“Legal counsel should not panic. They will get their day in court on 8th December,” he said.
Irungu said IPOA summoned Rashid 11 times but he failed to appear, meaning he was given a chance to be heard.
He said the killing of Jamal Mohammed and Mohammed Dahir in 2017 by Rashid is not a matter for residents of Eastleigh, but of national interest.
In his case, Rashid argues that IPOA summoning him is a well-choreographed plan to fix him without any lawful basis," reads court papers.
According to court records,he was within Eastleigh's 1st Avenue when a signal was circulated over the police radio of an ongoing robbery at Amal Plaza within Eastleigh.
He immediately rushed to the scene of the robbery as part of his lawful duty to maintain law and order and came face to face with the armed robbers.
Rashid claims that about seven armed robbers shot at them and members of the public and in a bid to protect lives, one robber who was carrying a homemade gun was gunned down.
“One of the robbers, upon realising that he was cornered, tried to snatch a firearm from a police officer. In the ensuing scuffle, he was also shot and neutralised,” he said.