POLICE OFFICERS CHARGED FOR KILLING ENGINEER FRED OGOLA.

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2016-05-06_18.46.32
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.

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