Court allows police to hold 'killer' cop for 7 days
National
By
Daniel Chege
| Jan 11, 2024
Police constable Nicholas Musyoka who had denied killing two people during a bar fight in Nakuru in December has been detained in police custody for seven more days pending a pre-bail report.
Justice Samwel Mohochi sitting in Nakuru yesterday ruled that the High Court needed the report before it determines the bail terms for Musyoka's release.
Musyoka has denied killing two people and injured two security guards at Lorita's Liquor House, popularly known as Vegas Club.
Justice Mohochi directed the probation office to interview victims' families and witnesses and file a pre-bail report on January 17.
He directed that Musyoka be held at Naivasha Police Station pending the report.
The court, however, ruled that Musyoka's application for bail, through his lawyer David Mongeri, was merited.
Mohochi's verdict was that the prosecution and Independent Policing Oversight Authority (Ipoa) failed to adduce compelling evidence on why Musyoka should be denied bail.
The ruling followed an application by Ipoa, through officer Judith Kawira. In her affidavit, Kawira submitted that Musyoka was a flight risk and a danger to the society.
She added that if released, Musyoka may interfere with witnesses and victims who are still recuperating at Rift Valley Provincial General Hospital owing to his past violent actions.
"The victims in the hospital are yet to record statements. We ask that the accused person be held in police custody for 14 days to enable conclusive investigations," said Kawira.
According to Kawira, the police were to conclude investigations and charge Musyoka with causing grievous harm.
Crude weapons
Ipoa claimed the public assaulted Musyoka using crude weapons after the incident and he may be lynched if released.
Mongeri submitted that no evidence was provided to prove the alleged claims of interference, flight risk and threat to the officer's life.
He said Musyoka had a right to be released on bail.
Mongeri noted that Musyoka had been in custody since December 13, 2023, and almost a month had passed, which was a violation of his rights.
The court dismissed Ipoa's application for lack of evidence.
The application came after Musyoka denied two murder charges. He denied that he shot and killed Luara Kwasira, the club owner, and Ann Maina, an attendant.
Preliminary investigations show that Musyoka shot four people at around 1am. Maina died on the spot and Kwasira died on December 14 while undergoing treatment.
Postmortem examination report shows that Kwasira sustained five gunshot wounds, with one penetrating to the spine.
The case will be mentioned on January 17.