BY SAM ALFAN.
The High Court has released a senior police officer accused of murdering a university student in Kibera slum on cash bail of Sh 600,000 or a bond of 1 million.
Corporal Emmanuel Ambunya attached to Kenyatta National Hospital police post appeared before High court criminal division presiding Judge Jessie Lessit and pleaded not guilty to the murder charge.
This is after his lawyer Cliff Ombeta told the court that his client is not flight risk since he is a respective still serving in National Police Service a discipline institution.
Lawyer Ombetta told the court that investigations have taken two years and the accused has never interfered with the witnesses or family or investigation.
He added that the accused has aways been cooperative as and when called for shedding light in matter and he cannot abscond.
“He is an officer of the law and therefore understands what is expected of him and with the current lock down he cannot leave the Nairobi jurisdiction and therefore he cannot even go anywhere” , added Ombetta.
State did not oppose bail application.
Family lawyer opposed the bail application saying the accused is an officer with connectins and capable of influencing the investigations and threaten the witnesses. Should not be granted bail.
She also ordered the accused not to visit Kibera area and that not to interfere with prosecution witnesses.
The officer is facing a charge of murdering Carilton David Maina, a University of leads in England on December 22,2018 at Laini Saba in Kiera.
Earlier Justice Ngenye Macharia ordered Amunya to be escorted to Mathari mental Hospital for mental examination before taking plea.
When the matter came up for mention before justice Lessit, the court was informed that the officer was fit to stand trial.
This was after prosecution led by senior state counsel Charles Okeyo applied for deferring of plea taking, saying the suspect had not been mentally examined since he was only arrested on April 20,2020 by detective from DCI office, Kilimani, Nairobi.
It is said that the deceased who on the fateful night succumbed to gunshot wounds inflicted on him by the alleged officer.
The student was shot dead while returning home from watching a football match from a movie shop
The decision of charging the officer was reached after the conclusion of an inquest into the death of the student where the court found that the police officer was liable to the death.
Independent Police Oversight Authority (IPOA) had launched an investigation into the shooting of the university student,
Maina, 23, a student at Leeds University, was shot dead on the Sunday morning by the police who claim he was among a group of thugs that was terrorising residents of Line Saba.
But the residents strongly refuted the police account, saying it was a classic case of extra-judicial killing.
However following public outrage over the circumstances under which Maina was killed IPOA immediately launched investigations into the incident.
