Police Constable Klinzy Baraza charged with murder of mask vendor Boniface Kariuki during June 25 protests
Police Constable Klinzy Baraza has been charged with the murder of a mask vendor, Boniface Kariuki Mwangi, during the June 25 memorial protests along Moi Avenue in the Nairobi CBD.
Baraza denied the charges before High Court judge Kanyi Kimondo on Monday.
Defense lawyers led by Felix Kiton applied for his release on bond, saying Article 49(1) (H) requires courts to release all suspects on bond provided there are no compelling reasons.
Kiton told Justice Kimondo that there are no compelling reasons presented by the DPP to warrant the bond denial.
However, prosecuting counsel Vincent Monda, the victim's lawyer and the LSK opposed the release of the accused on bond.
In opposition, the DPP said the case is of public interest and the wheels of justice tilt in favour of denying the accused bond.
But Justice Kimondo ordered the accused, through his lawyers, to file a formal application seeking his release on bond.
"This Court has heard the parties orally and I hereby direct the accused to file a formal application for his release on bond within seven days," Justice Kimondo directed.
The judge directed the DPP, LSK and the victim's lawyer to respond to the application within seven days.
He further ordered the parties to appear before the judge to argue the bail application.
Justice Kimondo further directed the DPP to supply committal bundles to the accused person to prepare his defense.
These orders were made after the DPP presented a mental report prepared by Dr Priscilla Makau, who declared the accused "mentally fit to stand trial".
Earlier, the DPP recommended murder charges against Baraza.
Baraza had been arrested together with another police officer, Dancun Kiprono, who was let off the hook by the DPP after finding that there was no evidence linking him to the murder.
Meanwhile, the accused has been ordered to remain in prison custody until August 19 for the bail application.
Barasa is accused of shooting Boniface Kariuki in the head during the June 25 protests, leading to his hospitalisation at Kenyatta National Hospital, where he succumbed to his injuries on June 30.
Baraza denied the charges before High Court judge Kanyi Kimondo on Monday.
Defense lawyers led by Felix Kiton applied for his release on bond, saying Article 49(1) (H) requires courts to release all suspects on bond provided there are no compelling reasons.
Kiton told Justice Kimondo that there are no compelling reasons presented by the DPP to warrant the bond denial.
However, prosecuting counsel Vincent Monda, the victim's lawyer and the LSK opposed the release of the accused on bond.
In opposition, the DPP said the case is of public interest and the wheels of justice tilt in favour of denying the accused bond.
But Justice Kimondo ordered the accused, through his lawyers, to file a formal application seeking his release on bond.
"This Court has heard the parties orally and I hereby direct the accused to file a formal application for his release on bond within seven days," Justice Kimondo directed.
The judge directed the DPP, LSK and the victim's lawyer to respond to the application within seven days.
He further ordered the parties to appear before the judge to argue the bail application.
Justice Kimondo further directed the DPP to supply committal bundles to the accused person to prepare his defense.
These orders were made after the DPP presented a mental report prepared by Dr Priscilla Makau, who declared the accused "mentally fit to stand trial".
Earlier, the DPP recommended murder charges against Baraza.
Baraza had been arrested together with another police officer, Dancun Kiprono, who was let off the hook by the DPP after finding that there was no evidence linking him to the murder.
Meanwhile, the accused has been ordered to remain in prison custody until August 19 for the bail application.
Barasa is accused of shooting Boniface Kariuki in the head during the June 25 protests, leading to his hospitalisation at Kenyatta National Hospital, where he succumbed to his injuries on June 30.
june 25 protests
Boniface Kariuki
June 25 demonstrations
June 25 anniversary
Klinzy Barasa
Boniface Kariuki dead
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