IPOA wants 5 cops linked to  murder of boda boda rider during covid prosecuted

Wednesday, 1st March 2023

The Independent Policing Oversight Authority (IPOA) wants an application by five police officers seeking to quash a decision to charge them for the alleged murder of a boda boda operator in March 2020 dismissed.

The five officers – Peter Kiio, Muna Mohamed, Justus Wafula, Paul Wagwa and Ayub Otieno – are accused of killing  Hamisi Juma the rider during the height of the pandemic, as the National Police Service was tasked with enforcing the COVID-19 curfew.

In an affidavit filed by James Njuru, IPOA’s lead investigator in the case, the authority says that it is only fair that the trial against the officers based at Inuka police station in Likoni proceeds.

“The applicants (officers) will have the opportunity to demonstrate their innocence (if at all) at the criminal trial court,” sai Njuru, noting that the accuracy and correctness of evidence or facts gathered in the investigation can only be assessed in court.

According to a report by Nation.Africa, Juma’s family alleges that he was beaten by the officers after dropping off a pregnant woman at Mwahima Hospital. He died some days after the alleged encounter.

The High Court temporarily halted the plea taking process, which had been scheduled for January 25, after the officers filed an application seeking to be allowed to challenge the decision by the Director of Public Prosecutions and IPOA to charge them.

IPOA however says that by raising defences in their application at the High Court, the policemen are seeking to usurp the role of the trial court, thus amounting to an abuse of the court process.

“I believe the application has been filed in bad faith, is misconceived and an abuse of the court process meant to defeat the cause of justice,” Njuru asserted.