A police officer who shot and killed a young man in Malaba on Friday for failing to put on a mask will remain in police custody for the next seven days. The officer, Corporal Henry Mwaura, was arraigned before Busia Senior Principal magistrate Patrick Olengo but did not take plea. This is after the prosecution and the Directorate of Criminal Investigations (DCI) successfully filed an application to be allowed more time to complete investigations, “Considering the application by the investing officer, he prays for seven days to hold the suspect at Adungos police station to complete the investigations. He says that the postmortem has not been done and the firearm allegedly used by the suspect needs to be forwarded to Nairobi DCI headquarters for ballistic analysis. He also says that the ground is hostile for the suspect and for his safety, he should be put in custody at Adungos police station.”
He also contented that the respondent is likely to interfere with the witnesses. “I have also listened to Mr. Okuta for the respondent and I have noted that the suspect is a police officer and the likely witnesses to this case may also be his fellow police officers. I think there is likelihood of him interfering with the investigation and the recording of statements which have not been done. I think this is a good reason for holding him in custody pending the conclusion of investigations. The IO (Investigating Officer) has also said that the ground is hostile, is the investigation officer and he knows what is on the ground. This court cannot doubt him. I find that the seven days for the investigation of this offense is not long. I hereby allow the application, the respondent will be held at Adungos police station for seven days to allow the IO to complete the investigation. The matter will be mentioned in 9th of December this year,” the magistrate ruled.
The suspect’s advocate Wycliffe Okuta earlier on contested the application claiming the time sought by the DCI and prosecution was unreasonable, “Your honor I don’t know why they are seeking all those days. What do they want to investigate? That will be so unfair to my client who has already spent two days in custody.” The officer shot Ezekiel Odera, 27, at Roadblock area within Malaba town on Friday evening after finding him without a mask. He was rushed to Kocholia sub county hospital but died shortly.
Odera’s death angered Malaba residents who came out in hundreds on Saturday and held demonstrations demanding for the immediate arrest of the officer. They also demanded for the immediate transfer of several police officers at the station led by Officer Commanding Station (OCS) Ms. Cecilia Muthoni.
Busia County Governor Sospeter Ojaamong and other leaders including Malaba Central Ward Representative Benard Papa harshly condemned the shooting, “We have had several incidents where police officers have used excess force in the name of enforcing Covid-19 guidelines. We condemn the acts in the strongest terms possible and say they must stop. Let our officers be professional while carrying out their duty of enforcing law and order.”