BY SAM ALFAN.
Eastleigh crime buster Rashid Ahmed has failed to plead to charges of murder yet again after filing an application before the High Court.
The plea taking of the Pangani-based police officer was deferred to March 3 to allow the court to look into application he lodged at the High Court, asking for the file to be transferred to a magistrate court.
High court Criminal Division Judge Kanyi Kimondo will consider the application before directing where and when Rashid will plead to the charges.
Sergeant Rashid is facing murder charges over the March 31, 2017 killings of two boys; Jamal Mohammed and Mohammed Dhair Kheri in Eastleigh; an incident that was captured on camera.
He is accused of fatally shooting the two boys on March 31, 2017, on suspicion of engaging in crime within the Eastleigh neighborhood.
The Judge had ordered Rashid last month to surrender himself to the Directorate of Criminal Investigation (DCI) in Garissa Township and for him to undergo mental assessment before he could plead to the charges of murder on February 9.
However, through his lawyer Danstan Omari, Rashid filed an application challenging the murder charges leveled against him at the High court.
He claimed that commencing the murder trial at the High court lacked legal justification and logic arguing that if the High Court ends at a guilty verdict, he shall be deprived of a remedy for appeal.
“I shall be deprived of a remedy such as that which I could have if the verdict was reached at the Magistrates court, whereby I can move to the high court for a retrial,” he argued in court documents.
The officer who has been defended by many residents of Eastleigh for restoring security in the area, argued that initiating murder trial at the High court compromises essential element of his right to a fair trial which is denying him a step in the appellant chain as provided for in the constitution.
The DPP recommended his prosecution into the said murder following the investigations done by the Independent Policing Oversight Authority (IPOA).
The decision caused an uproar from two factions with Human Rights Organizations claiming that Rashid should be answerable for his actions and bring to an end police impunity, while Eastleigh Business Community demonstrated in solidarity with the officer.
The residents said Rashid has enabled them to attend prayers, which they couldn’t before, due to insecurity in Eastleigh.
Lawyer Omari accused civil society groups of using persons Rashid’s case to fundraise and keep their organisations afloat.
The lawyer maintained that Rashid is a law abiding citizen and the famous Pangani Cop has not been interdicted because of his good work.
Omari claimed that the police service was under attack by the civil society and by extension, as several officers have been arraigned for carrying out their duties.
