Officer in fatal shooting of boda boda rider at Mama Lucy Hospital out on bond
The Administration Police officer who shot dead a boda boda rider at the Mama Lucy Kibaki Hospital in Nairobi on February 19 was Friday released on Sh 1 million bond with a surety of similar amount.
Makadara Law Courts Chief Magistrate Heston Nyaga freed Zaddock Ochuka Oyieka but on strict conditions that he doesn’t interfere with witnesses or investigations.
Nyaga ordered Oyieka not to go to the scene of the incident – the hospital – under any circumstances, or not to contact any of the potential witnesses.
The Directorate of Criminal Investigations had sought extension of custodial orders but Oyieka’s lawyer Nick Omari opposed the application.
Chief Inspector Wilson Yengo of Kayole DCI offices had sought the additional period to close gaps pointed out by the Director of Public Prosecutions.
The DPP had pointed out areas to be covered in the investigations and directed the investigators to take statements of more boda boda riders before resubmitting the investigations file for review.
But Omari said the continued detention of Oyieka is a violation of his rights as a suspected person.
Omari said Oyieka had been in police custody since February 20, 2020.
The defence lawyer added that nothing had been presented before the court to justify denial of bail and bond either by proving Oyieka’s possibility to interfere with investigations except alleged “whimsical probability” because he is a police officer.
Omari said being a police officer does not make the accused a lesser being and he is therefore entitled to equal rights as provided for in the constitution.
Oyieka was arrested for allegedly shooting dead Daniel Mburu Wangari at the hospital’s compound on February 19, 2020.
The victim was pronounced dead at the hospital’s emergency section and the suspect was arrested the following day.
Police sought 14 days custodial orders but were allowed to hold him at Kayole police station until February 28, 2020 when the same orders were extended by a week.
On Friday Nyaga said the DCI has held the suspect for the 14 days they had earlier sought to detain him pending investigations.
Oyieka will be reporting to the Kayole DCI offices every Tuesday until March 16, 2020.