A magistrate at the Kahawa Law Courts allowed the defence team representing TikToker Shadrack Omondi Okindo, popularly known as Hon. Mosquito, to cross-examine the investigating officer in a case where the prosecution is seeking to detain him for 14 days pending further investigations.
Senior Principal Magistrate Richard Koech issued the ruling following an application by Omondi through his lawyers.
The defence, led by lawyers Andrew Muge and Babu Owino, sought to challenge specific parts of the affidavit filed in support of the miscellaneous application to detain Okindo.
The affidavit was sworn by Police Constable Milton Rugare.
“The respondent has given an indication that he wants to challenge averments contained in paragraphs 3, 4, 5, 6, 7, 9, 10, 11, 12 and 16,” said the court.
“In the circumstance, I allow the application to have PC Milton Rugare cross-examined on the cited paragraphs,” added the magistrate.
He further directed that the cross-examination be conducted within 30 minutes, with the prosecution allowed equal time to re-examine the officer afterward.
“The cross examination is allowed on condition that the identity of the Prosecution witnesses shall not be revealed,” said Magistrate Koech.
The prosecution had opposed the application, arguing that cross-examination at this stage was premature and risked compromising ongoing investigations.
“Counsel has not laid basis as to why these paragraphs form part of the cross examination. Right to cross examination is not absolute it is at the discretion of the court,” said the Prosecution.
However, the defence argued that the right to challenge evidence is a fundamental constitutional right under Article 50 and cannot be dismissed as discretionary or wasteful of judicial time.
“The constitution gives an accused person the right to challenge evidence, we decline and strongly so the invitation that cross examination is a waste of judicial time and that that right is discretionary, it is not it is fundamental, it cannot be limited,” argued the defence team.
“The mere thought of that is unconstitutional.”
According to the defence team, they want to cross examine specific parts in regards to information obtained on TikTok, claims to withdraw the government, purported mobilization on large number of people, electronic gadget, video evidence and reasons for request for remand.
Okindo was arrested on August 1 in the Miritini area of Mombasa County over a widely circulated TikTok video in which he allegedly defended three detained former security agents and made remarks that police say amounted to incitement and threats to public order.
Police claim a search of his residence yielded items including tactical combat fatigues, mobile phones, a notebook with writings about guerrilla resistance tactics, and documents linked to the Justice Direction Party.
His arrest followed that of a police officer, Hiram Kimathi, who was also presented at the Kahawa Law Courts earlier this week in connection to a group dubbed Fighting Brutality and Impunity (FBI).
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