Five police officers facing murder charge released on bond
The five police officers charged with murdering a tout were freed on bond on Tuesday by Milimani High Court Judge Momanyi Bwonwong'a..
Five police officers charged with the murder of a matatu tout they had detained for interrogation have been freed on bond after a year in prison custody.
Milimani High Court Judge Momanyi Bwonwong’a ordered each of the officers, formerly attached to the Changamwe Police Station in Mombasa, to deposit a bond of Sh1 million and one surety before they are allowed to taste freedom again.
“In the event the officers are not able to raise the Sh1 million bond, they can pay a cash bail of Sh800,000,” ruled Justice Bwonwong’a.
The judge further directed the officers – Khalif Abdulahi Sigat, James Muli Koti, Joseph Odhiambo Sirawa, Edward Kong Onchonga, and Nelson Nkanae – to report to the offices of the Independent Policing Oversight Authority (IPOA) twice a month.
The five have been in remand since September last year.
Their initial plea to be released on bail, filed through defence lawyers Danstan Omari, Aranga Omaiyo , Irene Munene, and Samuel Ayiro, had been denied by the same court on grounds that they may abscond.
The second application to review the earlier orders and free the officers on bail sailed through.
Mr Omari had asked the judge to impose any terms or conditions he deems fit to enable the accused persons to assist their families, which he said have suffered mental trauma.
He submitted that many of the officers’ school-going children have dropped out for lack of fees.
The judge dismissed the lawyer’s claims that IPOA was using the case to abuse the officers’ rights, saying there was no evidence to back the allegations.
The officers were charged with the murder of Caleb Espino Otieno, who died while being detained at the Changamwe police station.
Mr Otieno was arrested on September 18, 2018, on suspicion of being in possession of illicit alcohol, chang’aa, and was booked at the station as “unknown” at around 6 pm.
He died later that night after police allegedly beat him with wooden clubs, and punched and kicked him. He was taken to the Coast General Hospital the same day at around 9 pm, where he was pronounced dead on arrival.
Mr Omari told the judge that IPOA is yet to supply the accused with copies of witness statements.
