Five Police Officers Charged with Murder in Mombasa are now seeking to cross examine an Investigation Officer, John Muranya for cross examination based on his affidavit in opposition of grant of bail and bond to the accused.
The officers who go by the names of Khalif Abdullahi Sigat, James Muli Koti, Joseph Odhiambo Sirawa, Edward Kongo Ochonga and Nelson Nkanae through lawyer Danstan Omari are also seeking a review of orders of November 29, 2021 declining to grant them bail.
“Pending the hearing and determination of application of the court, the court is pleased to allow the accused to call Muranya for cross examination based on his affidavit to oppose bail application, “added Omari.
They want the court to find that the decision to prefer murder charges against the applicants in high court criminal case that amount to an abuse of legal process and is contrary to the law.
“This court be and is pleased to make a finding that the state’s decision to prefer murder charges against the applicants in High Court criminal case no.EO62 of 2021 embarrasses and stands to prejudice the applicants right to a fair and right to equal benefit of the law under Article 25© and 27(1)of the Constitution, ” added Omari.
The accused said that court be pleased to make a declaration that this court lacks the jurisdiction to continue entertainment the murder trial proceedings before it premised on the information before it in which the applicants have been charged with the offence of murder contrary to section 202 as read together with section 204 of the penal code.
Court is hereby to quash the information in criminal case no EO62 of 2021,preferred against the applicant for not being amenable to the amendments suggested under section 275 of the Criminal procedure code, Cap 75,being a gross abuse of power and in violation to the constitution.
According to reports from IPOA, five officers have been changed with the murder of a suspect at the changamwe police station in Mombasa County according to “IPOA” reports.
The officers who go by the names of Khalif Abdullahi Sigat, James Muli Koti, Joseph Odhiambo Sirawa, Edward Kongo Ochonga and Nelson Nkanae pleaded not guilty. The deceased, Caleb Ospino Otieno was placed under arrest on Saturday over suspicions of being in possession of illicit brew. At around 9pm on the very same day, he was moved from the cells premises and transferred to the coast general hospital where he was pronounced dead on arrival.
Through prosecutor Solomon Naulika,the state said that they are intending to oppose the release of the accused on bail.