This archive report was first published on 24 June 2020.
On June 24, 2020, a police officer, Duncan Ndiema, was charged with the murder of 13-year-old Yassin Moyo in Nairobi's Huruma area.
According to an investigator with the Independent Policing Oversight Authority (IPOA), Benedict Otieno, Yassin lied to the court that he went to Mbagathi Hospital after showing symptoms of COVID-19.
However, the investigating officer told the court that the accused never visited the said hospital but was in Uthiru and Ndumbuini areas, 15 kilometres from the said hospital.
"I as the investigating officer having received the orders from the court proceeded to Mbagathi and received information from the management of the hospital that they had not treated the accused that day as alleged," reads the application.
IPOA argues that such conduct and giving misleading information to the court is indicative of Ndiema's reluctance to adhere to court mechanisms and should be a factor taken into denying him bail and bond.
The agency also claims that Yassin's family have received threats and intimidation from persons suspected to be the agents and proxies of the accused, hence there is a likelihood of him intimidating the witnesses and case interference.
"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," says IPOA.
However, the accused, Duncan Ndiema, through his lawyer, Danstan Omari, argues that he has a constitutional right to a fair trial, which right entails the right to be presumed innocent until proven guilty.
