NAIROBI, Kenya, Nov 28 – The train has left the station; Pangani’s Sergeant Ahmed Rashid should meet his accusers and prove his innocence.
Police officers have the unique monopoly on the use of even deadly force, and the power to arrest and detain suspects.
As a result, there is need for adequate oversight to ensure that these powers are used in the public interest and that officers operate with impartiality. In Kenya, the Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU) have been oversighting the police.
On the other hand, it is worth noting that the role of the Director of Public Prosecutions (DPP) is not to win convictions at any cost but put before the court all available, relevant, and admissible evidence necessary to enable the court to determine the guilt or innocence of the accused.
A prosecutor should not regard himself or herself as appearing for a party but should act fairly and objectively, and represent not only the interests of society at large, but also those of victims of crimes.
Since the ODPP on November 25 recommended that the Pangani-based Sergeant Ahmed Rashid be charged with the 2017 murder of Jamal Mohamed and Mohamed Dahir Kheri, he has received overwhelming support especially on the social media, with most of his supporters claiming he is unfairly targeted.
In one of the cases on Sunday, the Chairman of the Eastleigh business community Ahmed Abdullahi Yare announced that all malls and major business outlets in Eastleigh will be shut on December 8, when Rashid is expected to be arraigned.
But even as he gets the support, the right to access to justice for the families of Jamal and Kheri should not be curtailed.
Sergeant Rashid should face his accusers in court and prove his innocence. Any suspect is also considered innocent until proven guilty.
The officer should also start by preparing a strong defence, bearing in mind that courts reach at decisions based on facts and law, not opinion of supporters.
And we should learn some lessons from the former Kasarani, Titus Musila, alias ‘Katitu’.
After Katitu was arrested for killing a man he alleged to be a robber, residents of Githurai demonstrated saying he was innocent, adding the cop was instrumental in the restoration of peace and safety in Kasarani. Former Nairobi Governor Mike Mbuvi Sonko even paid his Sh1million bail.
In 2018, he was sentenced to serve a 15-year jail term by Justice James Wakiaga. He appealed but his case was dismissed, saying since Mwangi was not armed and was on the ground subdued, by shooting him on the head, Katitu acted with malice afterthought.
According to the court, a firearm may only be used for exceptional purposes, such as to save the life of the officer or any other person; in self-defence or in defence of another person against an imminent threat of life or serious injury; and to prevent a person charged with a felony from escaping lawful custody.
Facing such a serious criminal case can be overwhelming and stressful but Rashid should understand that the train has left the station, and he should now focus on building a strong case and develop and effective defence strategy through a serious criminal defence lawyer.
Depending on the facts of the case, such strategy may include establishing an alibi, arguing self-defence, or asserting Constitution violations.
Such shows of solidarity and demonstrations might not help much, but may be construed to mean that the intention is to influence, or interfere with the administration of justice.
The writer is the Chairman of the Crime Journalists Association of Kenya (CJAK)
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