Two police officers who were charged over the murder of Vitalis Owino Ochillo in Mathare while enforcing curfew orders two years ago have a case to answer.
Milimani High Court judge Diana Kavedza on Friday ruled that Inspector Daniel Musau and Corporal Robert Mwangi Kibororo have a case to answer after the prosecution established a prima facie case against them.
"Having analysed the circumstantial evidence on record, I find that the prosecution has proved a strong case against the two accused persons. I therefore find them with a case to answer and will defend themselves, " the judge ruled.
The Judge directed defence hearing to start on November 29.
The two were arrested in 2021 after Ipoa recommended their arrest and prosecution.
Ochillo's death sparked protests by Mathare residents who accused the police of killing an innocent man.
According to Ipoa, their investigations found out that Owino alias Madaraka succumbed to injuries sustained after he was arrested by police officers who were enforcing curfew orders at around 7 pm in Mradi area, Mathare North, Nairobi on May 3, 2020.
Ipoa forwarded the investigation file to the Office of the Director of Public Prosecution with recommendations to charge the officers for the offence of murder.
"The ODPP, after independently reviewing the evidence therein, concurred with the recommendations of the authority," Ipoa Chairperson Anne Makori said.
"Having analysed the duplicate (Ipoa) file, we concur with recommendations of the Authority and direct that the officers be arrested and jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code," Senior Director of Public Prosecutions Tabitha Ouya said.