BY PHOEBE WANJOHI.
Independent Police Oversight Authority has opposed the release on bond, the 53 year old Embakasi DCIO who is accused of murdering a security guard.
Through the investigating officer Jane Ndusya, IPOA opposed the release of Simon Mutia Mwongela on bail, saying he is an influential person and might interfere with witnesses, if released.
She said several prosecution witnesses who are of lower ranks in the said service, might be intimidated and there is legitimate anxiety about the impact and influence he may have on the said witnesses if he is released pending trial.
“Several civilians Prosecution witnesses in this case are very well known to the accused person and there is a high likelihood that if released on bond or bail the accused person will threaten, intimidate, coerce, interfere or in any other way try to influence the said witnesses,” IPOA investigator told the court.
She said when the DCIO was arrested, he threatened the police officers that no one should go near him, lest he will shoot them. Ndusya said there is a likelihood that if released on bond or bail he will threaten, coerce, interfere or in any other way try to influence the said junior officers.
The court further heard that the DCIO resides near scene of crime and he is in charge of investigations within the neighboring jurisdiction of the scene of crime.
“There is high likelihood that if released on bond or bail the accused person will threaten, intimidate or influence the civilian witnesses,” she added.
But according to probation officer report, Mwongela who is a son of small scale farmers from Meru County, his family is disturbed that he facing murder charges at the sunset of his long career in the police force.
He pleaded with the court to be granted lenient bond terms, promising that he will not run away from justice saying that Kenya is home and he does not have second home.
He said he has permanent residence so not a flight risk and his cousin is ready to bail him out using his lock book.
Mwongela said he attends Nairobi Gospel Centre and he is a social drinker and does not have previous arrest or convictions. He spends most of the leisure time with his family.
According to the probation report, the deceased family said they do not oppose the bond terms claiming that the accused is innocent until proven otherwise and that they do not want to hold on innocent person. They said they want their loved one to rest in peace therefore they are not supporter of punitive justice.
They even want the court to embrace restorative justice rather than the punitive justice, in the event the accused is found guilty of the offence at the conclusion of the case. The deceased was of Tanzanian origin.
The probation officer recommended the accused to the accused can be considered for a reasonable bail or bond terms pending the murder trial.
He is charged with the murder of security guard Lapaja Topiwo Laizer.