Three Police officers Simon Gitonga, zacharia Kandie and Eric Momanyi Mosoti accused of killing later Engineer Fred Ogolla Obando on the night of 6th and 7th day of April, 2012 in their police vehicle along Javabu road in kilimani at Milimani Law Court on Friday May 6,2016.
BY SAM ALFAN.
Three police officers who caused the death of Engineer Fred Ogola Obado in Kilimani in 2012 have been charged in a Nairobi court.
The trio Eric Momanyi Mosoti, Zacharia Kandie and Simon Gitonga were paraded before Nairobi Chief Magistrate Daniel Ogembo where they denied the criminal indictment.
The prosecution told court that the officers on April 6 and 7 along Jabavu road Kilimani within Nairobi County unlawfully Killed Engineer Obado who was in their custody.
The accused were arrested on April 5 2016 and remained in police custody before they were produced in court to plead to the charge.
The trial court ordered that each accused person be released on a Sh1 million bond with one surety or deposit a cash bail of Sh 300,000 to secure their release pending the hearing of the suit on July 5 2016.
The prosecution will call 23 witneses
Prosecution of the three officers was recommended by Senior Principal Magistrate Joyce Gandani who heard the inquest.
Ms Gandani recommended that three police constables be arrested and arraigned in court for failing to protect the deceased who died in their hands.
Engineer Ogalo was arrested by the officers from a pub at Nyayo Highrise on April 6 2012, the court found that the deceased was hit and pushed out of the lorry by the officers while he and his colleagues were being taken to Kilimani police station.
The trial magistrate who heard the inquest, recommended that the corporal who was in charge of the operation Benson Wafula be charged with the offense of negligence of duty.
The magistrate further said inspector Lydia Mambo who was prosecution number 19 be also charged with offense of neglect of duty.
Corporal Wafula according to the trial magistrate had refused to heed to cry of the people in the lorry which he could have ordered to stop so as to attend to the deceased who had fallen.
Inspector Mambo was supposed to have joined his colleagues but chose to go home while being aware that she was on duty.
The court was satisfied with the evidence and submission from the lawyer representing the family of the deceased Mr Danston Omari, that indeed Engineer of Ogolla’s death was caused by the police.
The three officers Momanyi, Kandie and Gitonga did not stop the lorry to attend to the deceased who had been pushed out of the vehicle, the court was told.
The officers had come up with a theory that the deceased had died through a road accident, but their evidence was thrashed by a medical report and the deceased’s colleagued who were bundled in same lorry.
