Boniface Kariuki murder: Officer Klinzy Baraza to remain in custody ahead of October 6 bail ruling
Baraza was arraigned in July and charged with the murder of Kariuki during the June 25 memorial protests along Moi Avenue in Nairobi's Central Business District. He denied the charges.
Police Constable Klinzy Baraza, who is facing murder charges over the shooting of mask vendor Boniface Kariuki, will remain in remand until October 6, when the High Court is expected to deliver its ruling on whether he should be released on bail.
High Court judge Kanyi Kimondo made the directive after the victim's family, together with their lawyers, the Law Society of Kenya (LSK) and the Office of the Director of Public Prosecutions (DPP), opposed Baraza's release.
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They argued that the defence affidavit supporting his bail application was defective and urged the court to deny him bail pending trial.
Baraza was arraigned in July and charged with the murder of Kariuki during the June 25 memorial protests along Moi Avenue in Nairobi's Central Business District. He denied the charges.
Through his lawyer, Felix Kiton, Baraza applied for release on bond, arguing that Article 49(1)(h) of the Constitution guarantees the right to bail unless compelling reasons are shown.
Kiton told the court that the DPP had failed to present such reasons, insisting that his client was entitled to bond.
However, prosecuting counsel Vincent Monda, together with the victim's lawyer and the LSK, maintained that the matter was of great public interest and that justice demanded Baraza remain in custody as the trial progresses.
After listening to the parties, Justice Kimondo directed the defence to file a formal bail application within seven days. He further ordered the DPP, the LSK and the victim's lawyer to respond within a similar timeline before the application is heard and determined.
"This Court has heard the parties orally and I hereby direct the accused to file a formal application for his release on bond within seven days," Justice Kimondo ruled.
Baraza was arrested alongside another officer, Dancun Kiprono, who was later cleared after the DPP found no evidence linking him to Kariuki's shooting.
The victim, Kariuki, sustained a gunshot wound to the head during the protests and later died at Kenyatta National Hospital on June 30.
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