Police Sergeant Rashid Ahmed Hassan has moved to court seeking to restrain the DPP from prosecuting him over the murder of two robbery with violence suspects in Eastleigh.
Through lawyer Danstan Omari and Cliff Ombeta, Rashid wants the court to restrain the DPP, IPOA and IG from commencing any criminal proceedings in relation to the death of Jamal Mohamed and Mohammed Dhair Kheri which occurred on 31st March 2017 at Amal plaza within Eastleigh.
Independent Policing Oversight Authority moved to the High Court and obtained summons against Rashid to attend court and take plea on 8th December 2022 for the alleged offense.
Rashid who is currently attached at Pangani Police Station argues that IPOA moved to court even before summoning him to appear before them for purposes of witness recording and to hear his side of the story.
“The petitioner is bewildered by the turn of events and has well founded fear that the respondents are not acting in good faith and have a bad motive in their decision thus a well choreographed to fix him without any lawful basis,” Rashid states.
The petitioner states that he has never been processed nor presented before a psychiatrist has reasonable fear that he shall be arraigned to take plea for the alleged offense.
According to his affidavit, the deceased persons were shot after exchanging fore with the police during a robbery at Amal Plaza in Nairobi.
He added that he and his colleagues had been trailing the two robbers who had allegedly robbed other known persons.
Rashid claims that they recovered home made gun capable of firing, a Somali sword and knives which had been used in the robbery.
“Unless this matter is heard exparte in the first instance, the petitioner’s rights to a fair administrative action shall be violated notwithstanding the fact that the unfortunate occurrence happened over six years ago while the petitioner was operating in the line of duty and in self defense,” Omari stated.