A Kahawa court has rejected a request by the defence to remove a sworn statement filed by a police officer opposing bail for a businessman accused of recruiting Kenyans to fight in Russia.
Magistrate Gideon Kiage ruled that the statement by Sergeant Bramwel Saima, the investigating officer, will remain part of the case.
This means the officer’s affidavit opposing bail will still be considered by the court, even though the defence wanted it struck out.
He said the claims raised against the officer are before the High Court and have not yet been decided.
“The affidavit will be treated on its own merit in this case. It is so ordered,” the magistrate said.
The defence, led by lawyer Danstan Omari, argued that Saima should not take part in the case because the accused has sued him for Sh10 million.
The lawsuit claims the officer violated the suspect’s rights during arrest and moved him between different courts without informing the defence.
Omari said this, together with the personal case, made the officer’s statement unreliable and should be struck out.
The prosecution opposed the request. They argued the statement is part of the investigation and removing it would weaken the State’s case.
They also said the pending lawsuit against the officer does not cancel his affidavit. After the ruling, the accused, Edward Gituku, pleaded not guilty to charges of trafficking 22 Kenyans to fight in the Russia–Ukraine war.
Magistrate Kiage said the allegations against the officer must be handled through the proper legal process and cannot be treated as facts until a court decides.
The defence will now be allowed to cross-examine the investigating officer.
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