A Nairobi police officer accused of fatally shooting a street mask seller at close range is pleading with the High Court to release him on bail, saying his continued detention has pushed his young family to the brink of collapse.
Klinzy Barasa, who is facing a murder charge over the death of hawker Boniface Mwangi Kariuki in Kayole, has told the court that his absence from home has left his wife struggling to hold the family together, while his two children are increasingly missing school because of financial difficulties.
Through his lawyers, Barasa painted a heartbreaking picture of a family allegedly surviving from hand to mouth since his arrest.
He claimed his wife has been overwhelmed by the responsibility of caring for their children alone and is now considering walking away from their marriage.
His two children, he said, have also been forced to miss school because the family can no longer consistently raise money for their fees.
Adding to his worries is his sickly mother, whom he says is no longer receiving the medical attention she needs because of the financial strain.
“My family is surviving from hand to mouth. The pressure is threatening to break us apart, and unless bail is granted, my children and mother will suffer irreversibly,” Barasa stated in an affidavit filed before the court.
Barasa has pleaded not guilty to the murder charge and is now asking the court to grant him reasonable bail terms as he waits for his trial.
His defence team, led by lawyer Vincent Yegon, argued that Barasa is entitled to bail under Article 49(1)(h) of the Constitution, which provides an accused person with the right to be released on bond or bail unless there are compelling reasons to keep them in custody.
The defence further argued that Barasa poses no flight risk, pointing out that he has permanent residences in both Kayole and Bungoma.
His lawyers also assured the court that the officer would comply with any conditions imposed on him and would attend all court proceedings whenever required.
But Barasa’s plea has met strong opposition from the Independent Policing Oversight Authority (IPOA), which wants him to remain behind bars.
In a sworn affidavit, IPOA Assistant Director of Investigations Sarah Mwea urged the High Court to reject the officer’s bail application and allow him to remain in custody as the case proceeds.
Although IPOA did not publicly disclose all the reasons behind its opposition, prosecutors had previously warned the court that Barasa’s release could potentially interfere with witnesses and jeopardise the integrity of the ongoing case.
The allegations against Barasa stem from the fatal shooting of Kariuki, a street hawker who was reportedly selling masks in Kayole.
The case has drawn attention to questions surrounding police use of force and accountability, with the court now faced with the delicate task of balancing an accused person’s constitutional right to liberty against the need to protect the integrity of the murder proceedings.
Justice Margaret Muigai has directed both the defence and prosecution to file their respective submissions on the bail application.
The matter will return to court on September 16, when Justice Muigai is expected to deliver her ruling on whether Barasa will walk out of custody on bail or remain behind bars as he awaits trial.
For now, the police officer remains in custody, while his family waits anxiously for the court’s decision.
