This archive report was first published on 20 June 2020.
On March 30, 13-year-old Yassin Hussein Moyo was shot and killed by police in Huruma estate, Nairobi, while standing on the balcony of his family's third-floor residence.
Police constable Duncan Ndiema Ndiwah, alias Champs, was ordered to appear in court on June 19 to face charges of murder, but he failed to show up.
Instead, his lawyers, led by Danstan Omari, informed the court that Ndiwah was undergoing a Covid-19 test at Mbagathi Hospital.
Omari told the court that Ndiwah had visited Bliss Medical Clinic on June 18 and been told he had Covid-19 symptoms, and had therefore gone to Mbagathi Hospital for further examination.
The court was furnished with medical notes from Bliss Medical Clinic, and the case was mentioned for further directions on June 23.
State prosecutor Gikui Gichuhi did not object to the matter being mentioned on June 23, but requested that investigations be carried out to establish whether Ndiwah had actually gone for the test.
Justice Daniel Ogembo directed the suspect to appear in person on June 23 to answer for the murder of Yassin, and also ordered a medical report on the Covid-19 status of the suspect to be presented in court.