Musyoki Mogaka & CO Advocates law firm has written a letter to the President of the Republic of Kenya Dr. William Samoei Ruto to Intervene on matters National Security and the arrest of Police Officer Rashid Ahmed.
The firm wants Ruto’s Council to help solve rapid insecurities that have occasioned citizens of the republic of Kenya.
The firm through lawyer Danstan Omari has cited a recent case where Police Officer Rashid Ahmed who is yet to be charged with murder.
He says that IPOA,the body supposed to exercise oversight ,is abusing their power and on mission to ensure that police officers are arrested and charged albeit discharging their mandate lawfully.
“IPOA moved to the high court on December 8, 2022 and obtained summons to have Rashid charged with murder while he was discharging his duties in his official capacity, “says Omari.
Omari says they obtained an order suspending the plea taking till January 26, 2023 where the court will make directions.
He says that the National Police Service is mandated to maintain law and order within the country, however, in the recent past, it is likely that the police officers are fearful that in their discharge of official function: they may be discriminatively be subjected to dire consequences.
“This poses a serious threat to matters of National Security as crime rates have now spiked upwards; It would be against public interest if the police officers are arrested as a result of maintaining law and order, “added Omari in the letter dated December 19, 2022.
Omari says that the people of Pangani accompanied Rashid to court saying that he had maintained law and order in the area.
The lawyer wants the president to intervene saying that Civil Societies and IPOA are sourcing for donations from foreigners at the detriment of policemen which in turn is demoralizing policemen such as the likes of their clients from discharging their function in a way that protects the ordinary mwananchi.
“We are therefore hopeful that your able council will intervene on this matter speedily as an issue of National Security, “added Omari.
Mr Rashid, a sergeant attached to Pangani Police station has for years run one of the most untouchable and feared crack units in Kenya accused of carrying out extra-judicial killings in Eastleigh, Pangani and Mathare slums without any consequences.
On November 30, 2022, Rashid moved to court through lawyer Omari seeking protection from prosecutors and the civil society over the alleged extra-judicial killings.
He wanted to be granted an order stopping his planned prosecution that is scheduled to commence next week December 8 over the alleged murder of the two teen boys.
In court documents, during the alleged shooting of the pair he was “operating in the line of duty and in self defence”.
He says the decision by the Independent Police Oversight Authority to summon him to answer the charges, six years after the incident, is based on a bad motive and a “well-choreographed plan to fix him without any lawful basis”.
He claims that IPOA is not acting in good faith and has a bad motive in their decision as he has never been summoned to give his account on the alleged executions.
On December 2, 2022, Court stopped his prosecution after serious legal battles by lawyer Omari, who was also supported by Eastley Business Community.
In March 2017, the feared cop hit news headlines after he was identified as the plain clothes police officer who shot and killed two men who were unarmed in broad daylight.
The incident was captured in an amateur video that made the rounds on social media, leading to the identification of the shooter.
He was then a corporal and gave an interview to an international media house, saying that the mandate of the police was to deal with criminals and they should always get hold of them dead or alive.
“We have to get them whether alive or dead. That one does not have any compromise about it (sic),” he told the media in an interview.
