Duncan Ndiema Ndiwah alias Champs who is facing charges of killing of a Standard 8 pupil at Kiamaiko Huruma in Nairobi three months ago has been granted a cash bail of Sh1million.
The police officer was freed by Justice Luka Kimaru who warned him of dire consequences should he interfere with the prosecution witnesses.
The judge told the accused that he risked bail cancellation in the event he meddles with the dispensation of justice in whatever manner.
The accused was given an alternative bond of Sh2million with one surety of similar amount in the event he fails to raise the Sh1million cash bail.
The accused was also directed to avail a contact person who will ensure the officer attends court all the time when required.
“Justice Kimaru exercised his discretion in the bail application to release the police officer on bond then granted him a a cash bail of Sh1million,” defence lawyer Dunstan Omari stated.
Presenting the bail plea Omari said the accused will abide by all the terms imposed by court while releasing him on bond.
The state had opposed the release of the police officer on bond. State prosecutor Gikui Gichuhi presented her arguments which were however overruled by the court. Ms Gichuhi had cited interference of prosecution witnesses.
The father of the deceased had also opposed the release of the suspect claiming he feared for his life since he had been seeing suspicious people around his residence lately.
The court had been informed by Omari, who is leading seven other lawyers, that bail is a constitutional right and that conditions may be imposed on the accused to ensure justice is done.
The accused promised not to interfere with witnesses or even visit the scene where the deceased met his untimely death.
Ndiwah denied the charges of shooting dead Yassin Hussein Moyo, 13 on March 30 2020 while enforcing curfew orders.
On the material day, Yassin was shot dead at 7:30pm while standing in the balcony on the third floor of their family residence.
The family of the deceased is represented by two lawyers Demas Kiproni and Oscar Odindo from Amnesty International.
A trial date will be fixed virtually in compliance with the Covid-19 guideline and directives given by the Chief Justice David Kenani Maraga.