This archive report was first published on 24 June 2020.
On June 19, 2020, a policeman, Duncan Ndiema, was charged with the murder of 13-year-old Yasin Moyo while enforcing a curfew. According to the Independent Policing Oversight Authority (IPOA), Ndiema lied to the court about his whereabouts on the day of the incident.
As reported on June 24, 2020, IPOA accused Ndiema of lying to the court that he was undergoing treatment for Covid-19 at Mbagathi Hospital. However, an investigation revealed that on the day in question, Ndiema was actually in the Uthiru and Ndumbuini areas, which are 15km from Mbagathi Hospital.
IPOA claims that Ndiema's conduct and provision of misleading information to the court demonstrate his reluctance to adhere to court mechanisms. As a result, IPOA is urging the court to consider this factor when deciding on bail and bond.
According to IPOA, their investigation has uncovered sufficient evidence to support the charge of murder against Ndiema. If released on bail, IPOA fears that Ndiema may intimidate witnesses, which could compromise the prosecution's case.
“If the accused person is released on bail, his release will disturb public order or undermine public peace or security, and thus pre-trial detention will be necessary to preserve public order,” IPOA stated.
