Gavel/FILEA police officer charged with the murder of his colleague following an altercation in a bar in Nairobi will remain in remand after the High Court denied him bond.
Police constable Kipkosgey Limo was in April charged with the murder of Eric Muga on March 9. Another police officer, Corporal Philip Kae, was seriously wounded and remains hospitalised.
The accused allegedly shot the two colleagues after a dispute at a bar in Gigiri.
His application to be granted bond had been opposed by the Director of Public Prosecutions, who cited the likelihood of interfering with witnesses.
The state also warned that Limo was likely to abscond from court sessions, saying it was difficult to have him arrested after he committed the offence.
In his ruling on Tuesday, Justice Kanyi Kimondo said he was satisfied that a number of witnesses will be police officers who used to work with the accused.
“I thus find that the likelihood of interference with evidence or the witnesses is not farfetched,” he said.
The court also noted that the accused did not surrender to authorities and it took the efforts of a team of officers to have him smoked out from under a car where he was hiding.
Limo has admitted to the court that he took cover under a car as he was attacked by people unknown to him. He said he had no option but to take cover under the vehicle to protect himself from harm.
However, investigators said Limo failed to surrender even after officers had asked him to and that it took the concerted efforts of a team of officers to smoke him out of his cover using teargas canisters.
Justice Kimondo noted that while the accused may not
have fled far from the scene, he did not surrender to the police.
“On the totality of the materials in the deposition filed by the republic and based on admissions by the accused, I find that the likelihood of absconding is thus high,” the judge ruled.
He said as such, the attendance of the accused at his trial has been cast into some doubt.
“The upshot is that there are strong and compelling reasons for the denial of bail and I accordingly decline to grant bail at this stage,” Justice Kimondo ruled.
The court directed that the trial be fast-tracked in the interest of justice with the matter set for pretrial directions on July 30.
