Two police officers charged with killing a woman at City Park, Nairobi in May have been granted bail pending hearing and determination of the case.
William Chirchir and Godfrey Kirui were granted a bond of 2 million and two sureties of a similar amount or alternative cash bail of Sh 700,000 by Judge Stella Mutuku.
The officers are said to have fired at the vehicle the deceased, Janet Waiyaki on 20th May which was parked at the Park, under unclear circumstances.
Waiyaki, a mother of three died upon arrival at Avenue Hospital while her colleague, 26 year old Bernard Chege, who is her husband’s nephew sustained gunshot wounds.
The two are alleged to have discharged four and eleven bullets respectively on the car which allegedly belonged to Chege’s mother.
The prosecution had opposed the release of the two on bond saying that they may abscond and interfere with witnesses.
Their lawyer Hum Lagat submitted that his clients had fixed abode and all their particulars are known adding that they have cooperated with the police in the investigations.
However, the judge said that the prosecution failed to prove the same hence found no compelling reasons to grant the application.
“The likelihood of an accused to abscond because of the seriousness of the offense and strong evidence against him is a compelling reason when there is evidence that the accused has attempted to flee the jurisdiction of the court or has been in hiding,” ruled justice Mutuku.
In addition, the judge directed the two accused persons not interfere, intimidate or threaten witnesses set to testify against them in the matter.
Justice Mutuku said an arrested person has a right to be released on bail or bond on reasonable conditions unless there are compelling reasons.
“I am also appreciative of the fact that the rights of the victim must be taken into account by ensuring that an accused person faces the trial for the acts he is alleged to have done so that the trial court can determine whether he is guilty or not and make appropriate orders to ensure justice is done,” ruled the judge.
In addition, the judge said that her court is unable to hear the case as scheduled on 20, 21 and 22nd November 2018 due to another long matter earlier fixed on those dates and running for the entire week.
Therefore, she directed that the case shall be mentioned before Justice Jesse Lesiit on 19th September 2018 for reallocation and fixing of early hearing dates before another court if possible.
