Police officer accused of throwing teargas at a rally to be remanded for 10 days
Mr Josephat Makori who is accused of throwing a teargas canister during Azimio la Umoja One Kenya Coalition rally at Gusii Stadium in Kisii County.
A police officer accused of throwing a teargas canister during the Azimio rally at Gusii Stadium, in Kisii will be remanded for 10 days awaiting the determination of his bond terms.
Mr Josephat Makori is facing charges of attempting to injure by use of explosive contrary to Section 235 of the Penal Code.
Mr Makori who appeared before Kisumu Chief Magistrate Teresa Odera is accused of detonating a teargas canister with an intention to cause harm to the members of the public at the Gusii stadium on Thursday.
The suspect denied the charge but will be detained at the Railways Police Station, Kisumu following a request by the prosecution.
According to the prosecutor Maureen Odumba, the accused is at risk of being attacked by the members of the public who were furious following the June 30,2022 incident.
“We pray that the court denies the accused any bond until we can ascertain the situation on the ground, his life is currently in danger,” said Ms Odumba.
She argued that Mr Makori was rescued from the hands of a mob and letting him free may not guarantee his safety.
“The accused is still nursing injuries inflicted on him after being roughed up by a mob, he might never come back when released,” said Ms Odumba.
This is despite the accused begging the court to grant him bond terms to enable him take care of his ailing wife.
More time to recover
The police officer also pleaded with the court to give him more time to recover from the injuries on his body before proceeding with the case.
“I am currently undergoing treatment at the Kisumu General Hospital after sustaining injuries on my thighs, knee, hands and head,” said Mr Makori.
But the Chief Magistrate declined the request saying that the accused may never return to the court safely if granted bond.
She argued that while every individual is entitled to fair bond terms, the right may be denied when there is a compelling reason to do so.
“At this stage, the prosecution has also proved beyond doubt that the safety of the accused is not guaranteed. We want to ensure he will still be alive when he comes back here” ruled the Chief Magistrate.
“The accused also confirmed this saying he is not feeling well and is currently undergoing treatment at a hospital in Kisumu with supporting medical reports,” said Ms Odera.
Mr Makori was arrested on Thursday evening for allegedly discharging a tear gas canister at a rally that was attended by Azimio La Umoja-One Kenya coalition running mate Martha Karua.
The teargas had been lobbed at the crowd moments after Ms Karua stood up to address the rally, leaving a number of people injured while scrambling for safety.
An unknown number of people were injured in the fracas with women who were seated next to the dais being the major victims.
The residents would later turn against the uniformed security officers whom they pelted with stones after word went round that the teargas canister may have been blown by one of them.
The case will be mentioned on July 11 while hearing begins on July 26,2022.
