The State has opposed an application by lawyers representing TikToker Shadrack Omondi Okindo, alias Mosquito, to cross-examine the investigating officer in a case where police are seeking custodial orders to detain him.
Appearing before Magistrate Richard Koech at the Kahawa Law Courts on Thursday, defence counsel Andrew Muge told the court that the accused has a right to challenge the basis of the application seeking to limit his liberty.
He argued that the State’s request to remand the accused was based on allegations drawn from social media content, including TikTok videos, claims of mobilisation, and material retrieved from electronic gadgets.
“We made an application seeking to cross-examine the deponent regarding information said to be obtained from TikTok, claims of mobilisation, and electronic gadget evidence, all cited as reasons for the remand request,” Muge said.
He added that such evidence, if used to justify detention, must be subjected to scrutiny, and the officer who swore the affidavit should be made available for cross-examination.
“We pray that the court calls for the investigating officer to the dock for half an hour,” he told the court, adding that what the State terms as ‘compelling reasons’ must be interrogated in the interest of justice.
The prosecution, however, opposed the request, arguing that the matter was still at a pre-trial stage and that the application before the court concerned custodial orders meant to aid investigations.
The prosecution team said cross-examining the officer at this point could risk exposing the direction of the probe and potentially compromise evidence that is still being gathered.
“This is not a trial. Some of the contested issues, particularly those related to mobilisation, are still under investigation and could prematurely reveal ongoing lines of inquiry,” the court heard.
The State urged the court to exercise caution if inclined to allow the application, particularly in managing the time and scope of any potential cross-examination.
“We pray that you don’t expose our witnesses at this stage if the cross-examination is allowed,” the prosecution added.
Magistrate Koech is expected to rule on whether the investigating officer will be subjected to cross-examination before deciding on the substantive application for remand.
Okindo was arrested on August 5 in the Miritini area of Mombasa County.
He was subsequently arraigned at Kahawa Law Courts on Thursday.
