Five cops accused of killing suspect at Changamwe Police Station want murder charge dropped

The five officers argue that the prosecution is bound by the law to have the matter subjected to an inquest prior to commencement of any criminal proceedings.

The officers; Khalif Abdulahi Sigat, James Muli Koti, Joseph Odhiambo Sirawa, Edward Kongo Onchonga and Nelson Nkanae also want the court to allow them to call the Investigation Officer John Maranya for cross-examination based on his affidavit in opposition of grant of bail.

The five officers were charged with killing Caleb Esipino Otieno, who died in a cell at Changamwe Police Station.

“That the Respondent shall not suffer any prejudice if this application is certified as urgent, the orders for quashing of the information on which the instant proceedings are pegged as well as an order referring this matter to an inquest prior to any charge and subsequent criminal proceedings before this honorable court,” they argue

A statement from the Independent Policing Oversight Authority said Otieno died hours after he was arrested on suspicion of having illegal alcohol – Changáa – at Mikindani on September 18, 2018.

They argue that the Deceased died under police custody having been booked at Changamwe Police Station and as such, it was mandatory that prior to arraignment, the matter was to be taken through a public inquest in strict compliance with provisions of Sections 386 and 387 of the Criminal Procedure Code, Laws of Kenya.

“the Respondent shall not suffer any prejudice if this application is certified as urgent, the orders for quashing of the information on which the instant proceedings are pegged as well as an order refering this matter to an inquest prior to any charge and subsequent criminal proceedings before this honorable court,”they argue