A Nyeri court on Tuesday granted the Independent Police Oversight Authority (IPOA) an additional seven days to complete investigations into a matter where a police officer is accused of fatally shooting a Karatina businessman on January 18.
The court has directed that the accused, Peter Wamiti, remain in police custody until February 9, when he will be presented before the Nyeri court.
Wamiti, an Administration Police Constable, is accused of killing George Gathu last month after an altercation at the Rubis petrol station in the town.
Last month, Senior Resident Magistrate Mary Gituma directed that Wamiti remain in police custody for 14 days to allow IPOA to continue its investigations into the incident that sparked protest in Karatina town.
On Tuesday, however, the State Prosecutor Claudette Obat told the court that IPOA was yet to complete investigations into the matter and requested 14 more days.
She further informed the court that the authority had recorded the bulk of the statements and secured the Closed-Circuit Television (CCTV) footage from the fuelling station.
Additionally, she said that IPOA had also established that Wamiti is a police officer based at the Karatina Police Station and according to a duty roster obtained on February 2, he was on duty on the night of the incident.
While making her submission before Magistrate Gituma, Ms Obat argued that IPOA needed more time to record the suspect’s statement and obtain the firearm ballistic report, as well as collect DNA samples from the suspect, before determining the next course of the case.
She therefore argued that it would only be fair if IPOA were given two weeks to wind up their probe.
“The IPOA had done what was possible within its means. It will only be fair and just if the IPOA is given more time to conclusively complete the investigations. That will enable the Office of the Directorate of Public Prosecution to make an informed decision on whether the suspect is being charged or not,” she said.
She also told the court that although the bulk of the investigations had been done, the remaining part had been occasioned by delays by police officers to release the firearms to IPOA for ballistic examination.
“I have a letter that was received on January 30 and that is when the firearms were handed over to IPOA, just when it was so close to the mention date for the suspect to come back to court. The request was made on January 19. IPOA was only able to forward them (firearms) for ballistic investigations on February 2,” said Ms Obat.
“That has frustrated the investigations. I understand that the suspect has rights. Similarly, the deceased has rights and it will only be fair if their rights are both respected.
It will also only be fair and just if the deceased is also given an opportunity for a fair trial and that involves complete investigations that will also help to establish if the suspect is to be charged or not,” she added.
However, the counsel for the accused, Juma Kendo, objected to the request, claiming that the prosecution had already secured crucial evidence regarding the matter.
He also accused the prosecution of using detention to punish the suspect who is yet to be charged before the court.
“We are not supposed to use detention as a means to attain investigative convenience. It is not fair.
No one is saying that the suspect was never involved; it is upon the investigation to release that information.
But then, putting him in detention in the wake of trying to balance investigating convenience is unlawful,” said Juma.
Juma also dismissed fears that his client would interfere with the investigations.
He told the court that the officer is still a serving member of the service and would willingly present himself before the court upon request.
“The officer does not have any opportunity to interfere in any way so your honour, I am opposed to the application because there is no justification towards ensuring that the officer is still held in custody.
The officer should be out to continue working, and then when he is requested to come to record his statement or anything that may be required, the suspect can be produced,” he argued.
In her determination, Magistrate Gituma directed that Wamiti be detained at the Nyeri Police Station to allow IPOA to conclude their probe.
While squashing an earlier request by the prosecution for an additional 14 days, the magistrate noted that the police and the IPOA ought to have worked together to ensure that investigations were completed within the first 14 days granted earlier on by her court.
“It is quite telling that the firearms which are in the possession of the police were only handed over on January 30 despite prior request.
This shows laxity on the part of the police. Justice can only be delivered expeditiously if only justice actors were to diligently take up their roles,” she said.
“The 14 days sought are too many to carry out the remaining aspects of the investigations, bearing in mind that the suspect has a right to be brought to court or charged promptly in a bid to balance the rights of the accused and the need to complete investigations,” she pointed out.
The matter will be mentioned on February 9.
By Wangari Mwangi
