Former cop Ahmed Rashid denies killing two in Eastleigh in 2017.
Monday, 17th April 2023
Former Pangani-based police officer Ahmed Rashid pleaded not guilty to murder charges on Monday, April 17, after months of his plea-taking being postponed for various reasons.
Rashid is accused of shooting dead Jamal Mohamed and Mohamed Dahir in Eastleigh, Nairobi on March 31, 2017.
Rashid was arraigned virtually before Milimani Law Court Judge Diana Mochache who had ordered that he reports to Muthaiga Police Station for a ruling on the court jurisdiction.
Earlier, plea taking had been adjourned after Rashid through his lawyer Danstan Omari filed an application questioning the high court jurisdiction in hearing murder pleas.He sought to halt his plea taking on the basis that the High Court lacks jurisdiction, and as such cannot hear the murder charges leveled against him.
Justice Mochache however dismissed the application today and ruled that the high court has jurisdiction over every matter.
“Article 165 of the Constitution give the high court unlimited original jurisdiction. I therefore dismiss the application and we proceed with plea taking forthwith,” Mochache said.
Rashid pleaded not guilty and was granted a bail of Ksh 200, 000. Rashid has been out on Ksh30, 000 police bond pending the taking of the plea.
The prosecution had asked the court to remand him at Industrial Area pending a bail hearing, but Omari stated that being a police officer, the remand where many of the people whom he had arrested were being held would be unsafe for him.
Omari has asked the court to grant him a Sh100, 000 cash bail, arguing that he had been out on police bond and he didn’t abscond.
In her ruling, the judge said there was no complaint from victims or the prosecution team on interference of victims or evidence during the time he had been granted police bond.
“If bond bail is being opposed the affidavit opposing bail against the accused should have been on record because this is not a new case,” she said.
“I do not find it necessary to cancel the bond to allow counsel to file an affidavit. I’ll release him on 200K bail,” Mochache ruled.
In an amateur video that circulated widely on social media platforms, Rashid was seen gunning down the two men in broad daylight, despite one of them raising his hands in surrender.
The Independent Policing Oversight Authority (IPOA) recommended in November that Rashid be charged with murder.
Subsequent attempts to have him take plea were unfruitful due to various reasons, including that he had to attend to a family matter in Garissa in January.