Deliver justice to both officer Rashid, family of victims

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 a need for adequate oversight to ensure the 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) oversight the police.

On the other hand, it is worth noting the role of the Directorate of Public Prosecutions (DPP) is not to win convictions at any cost but to 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 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 then, the right to access 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 considered innocent until proven guilty.

The officer should also start by preparing a strong defence, bearing in mind that courts reach decisions based on facts and law, not the opinion of supporters.

We should learn some lessons from the case of former Kasarani officer Titus Musila, alias Katitu.

After Katitu was arrested for killing a man he claimed 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 Sh1 million 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 in the head, Katitu acted with malice afterthought.

The court stated that 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 developing an effective defence strategy through a serious criminal defence lawyer.

Depending on the facts of the case, such a 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.

—Writer is a senior reporter at People Daily