This archive report was first published on 24 August 2021.
On May 3, 2020, Vitalis Owino, alias Madaraka, lost his life in Mathare North, Nairobi, after being arrested by police officers enforcing curfew orders. The incident sparked investigations by the Independent Policing Oversight Authority (IPOA), which led to the arrest of two police officers, Inspector Daniel Musau and Corporal Robert Kibororo, based at Muthaiga police station.
According to court documents, the duo has moved to the High Court to block charges against them, citing that the decision by the Director of Public Prosecutions (DPP) to charge them with murder is malicious, scandalous, unlawful, and unconstitutional.
They argue that there is sufficient evidence to prove their innocence and that the prosecution intends to rely on uncorroborated evidence of a purported eyewitness who described the killers as a 'short guy' and a 'tall man.'
The police officers have urged the court to release them on reasonable bond terms pending the completion of investigations by the prosecution.
