A Nakuru Court granted the prosecution five days to hold a soldier alleged to have killed a 74-year-old civilian in a police canteen.
A Directorate of Criminal Investigations officer in Bahati, Nakuru county Jackson Okeyo filed an affidavit in court seeking 14 days to hold Kenya Defence Forces (KDF) Sergeant John Kimani Muturi to allow for the conclusion of investigations.
Muturi is alleged to have attacked Moris Gachanja on December 25 while they were having drinks at the Githioro Police Station canteen pub.
Okeyo said a postmortem has not been conducted and that witnesses have yet to record statements.
He added that there is a need to carry out a forensic analysis of Muturi’s phones to retrieve geographical and call data.
The officer argued that Muturi is a flight risk due to his access to resources and potential connections that could facilitate his escape.
The requested 14 days, Okeyo said, would help conduct a postmortem examination on the deceased to determine the precise cause of death.
Additionally, the time would allow for the recording and securing of statements from critical eyewitnesses, including the suspect’s girlfriend and patrons of the Githioro Police Canteen, whose accounts are essential for piecing together the sequence of events.
He further noted that the time would enable verification of Muturi’s service record and the collection of relevant information about his mental state or any history of violence, which could inform the prosecution’s case.
Okeyo told the court that given Muturi’s military status, releasing him might lead to interference and intimidation of witnesses, many of whom are his close relatives.
Muturi’s lawyer, Harry Gakinya, opposed the application, stating that a postmortem had already been conducted on the deceased and that statements had been recorded.
Gakinya argued that the investigating officer should have sought relevant information from military police who were present at the Githioro Police Station on the day of the incident.
Senior Resident Magistrate Vincent Adet granted the prosecution five days, noting that some aspects of Muturi’s alleged role were unclear.
Adet ordered that Muturi be taken to the hospital and instructed the officer in charge of Githioro Police Station to record his complaint.
The case will be mentioned on January 3.
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