- Milimani senior principal magistrate Robinson Ondieki on Wednesday ruled that the prosecution’s application to deny the suspects bail was merited partially.
- The prosecution counsel added that the recovered firearm needs to be taken for further ballistic forensic expert analysis.
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A police officer attached to former Sports CS Rashid Echesa and three other suspects linked to a group that allegedly robs Kenyans in Nairobi have been remanded until May 27.
Milimani senior principal magistrate Robinson Ondieki on Wednesday ruled that the prosecution’s application to deny the suspects bail was merited partially.
He dismissed the allegations by the prosecution that the four accused persons were likely to interfere with witnesses.
"I find the application by the DPP to give police more time to get a report from a ballistic report from the forensic expert on the guns and ammunitions recovered from the accused merited, " Ondieki said.
He remanded Aziz Ali, Koffi Bill Atinda, Kennedy Otieno and Kennedy Omwanda at Capitol Hill police station until Monday next week when he will rule on their bail.
On Monday, Aziz was charged with neglecting to surrender 14 blanks of ammunition and three tear canisters.
He was accused that on May 17, 2024, at Kizito area in Mwihoko in Kiambu county, being a police officer allegedly neglected to surrender 14 blanks of ammunition to the armoury, a duty he was dutifully bound to perform under the National Police Service Act.
The officer faced another count that on the same date and place, he neglected to surrender three tear gas canisters to the armoury.
Atinda was charged that on May 15, 2024, along Narayan Road in the Parklands area within Nairobi City County, having been stopped at an official police roadblock allegedly informed Inspector Onesmus Mutua and Inspector Yusuf Naiwet, persons employed in the Public Service as police officers, that he is an officer of the rank of a Captain in the Kenya Defence Forces (KDF), information which would otherwise prevent the said police officers from arresting him and conducting a search on a motor vehicle.
Atinda also faced another count that on 16 May 16, 2024, at Traffic Nairobi area, police yard in Nairobi City County, without lawful authority or excuse, had in his possession two papers intended to resemble and pass as $200 serial number LB29632956X and thirteen (13) black unmarked papers knowing them to be forged.
Atinda was further charged that at an unknown place and time, within the republic of Kenya, with an alleged intent to defraud, without lawful authority or excuse, made a National Contraction Authority Contractor Annual Practicing License registration number 78661/W/1023 purporting it to be a genuine document duly issued by the National Contraction Authority, a fact you knew to be false.
The prosecution said Atinda was also found in possession of a Kenya Defence Forces sticker, the property of a disciplined force, which was reasonably suspected to have been stolen or unlawfully obtained.
Kennedy Otieno was separately charged that on May 16, 2024, in the Jamhuri area in Nairobi City County, he allegedly had in his possession three test gas canisters, the property of a disciplined service namely Kenya Prison Service.
The prosecution said such property was being reasonably suspected to have been stolen or unlawfully obtained.
Kennedy Omwanda was also accused that on May 16, 2024, in the Kibera area in Nairobi City County, had allegedly in his possession one radio phone, the property of a disciplined service namely the National Police Service, reasonably suspected to have been stolen or unlawfully obtained.
The accused persons had sought to be released on lenient bond terms. The DPP, however, opposed their release on bail saying they are likely to interfere with witnesses as they don't have a fixed place of abode.
The prosecution counsel added that the recovered firearm needs to be taken for further ballistic forensic expert analysis.
"The investigating officer needs time to confirm if the third accused person (Omwanda) is a firearm holder as he was also found with a firearm. He needs to get correct identification of some of the suspects as they were found with different identities," the prosecution said.
The court heard that the investigating officer is yet to record more statements and if released, the accused persons would likely interfere with witnesses.
"The matter is of national interest and the respondents are believed to be part of a big syndicate that commits robberies within Nairobi and other places. Most of the suspects have more than one fixed abode," the prosecution said.