Nelson Havi issues warning to police officers following Klinzy Barasa's arraignment

Nelson Havi issues warning to police officers following Klinzy Barasa's arraignment

In a statement, Nelson Havi emphasised the personal consequences law enforcement officers face when the state distances itself after unlawful actions are taken.

Former Law Society of Kenya (LSK) President Nelson Havi has issued a stark warning to police officers following the filing of murder charges against Klinzy Barasa, who is accused of fatally shooting Boniface Kariuki, a mask vendor, during protests in Nairobi last month.

In a statement, Havi emphasised the personal consequences law enforcement officers face when the state distances itself after unlawful actions are taken.

"Let the prosecution and imprisonment of Klinzy Masinde be a lasting reminder to police officers that in the end, you pay the ultimate price of losing your liberty and life alone," he said in a statement on X. "The President, CS, PS, IG, Lagat and Bungei won’t be there. You will have an imbecile for a lawyer," said Havi.

On Thursday, July 10, the Director of Public Prosecutions (DPP) approved murder charges against Barasa following the fatal shooting of Kariuki on June 17 during protests in Nairobi's Central Business District (CBD). Video footage showed two police officers handling Kariuki roughly before one shot him at close range. The protests were in response to the death of blogger and teacher Albert Ojwang while in police custody.

Klinzy Barasa has been remanded in custody pending his arraignment in court for murder. Barasa is accused of shooting Kariuki in the head during the protests, leading to his hospitalisation at Kenyatta National Hospital, where he succumbed to injuries on June 30.

The DPP in court stated that the information has been filed at the Milimani Law Courts and will be mentioned before the presiding judge for further directions.

"The first respondent will be remanded awaiting his arraignment before the High Court on the murder charges that have been preferred by the DPP," stated Magistrate Ben Mark Ekhubi.

The court has, however, released his co-accused, Duncan Kiprono, from police custody due to a lack of evidence.

"Following information by the DPP, the second respondent herein will be at liberty unless otherwise," stated Magistrate Ben Mark Ekhubi in his ruling.

The miscellaneous application has since been closed at the Magistrates Court.

The High Court also ordered a mental health assessment of Barasa before he can be formally charged with murder.

Justice George Kimondo directed that Barasa should undergo the test before his plea-taking on July 28.

The Prosecution told the court that the evaluation is necessary to confirm whether Barassa is mentally competent to stand trial.

He further ordered that the officer be moved from the Capitol Hill Police Station to Nairobi Remand Prison pending the outcome of the assessment.

Earlier, on July 3, IPOA had been granted an additional seven days to continue holding Barasa and Kiprono as investigations progressed, after the lapse of the initial 21-day detention period.

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