Director of Public Prosecutions (DPP) Renson Ingonga has opposed the release on bond of a police officer charged with murdering a mask hawker during the anti-government protests of June 17, 2025.
Through prosecuting counsel Vincent Monda, Mr Ingonga told trial judge Margaret Muigai that releasing Police Constable Klinzy Masinde Baraza on bond would endanger his life.
In a virtual hearing, the court was informed that the safety of the accused could not be guaranteed, given the public outrage that followed the killing of Boniface Mwangi Kariuki.
An affidavit filed by the Independent Policing Oversight Authority (Ipoa), sworn by Assistant Director of Investigations Sarah Mwea, outlined the grounds for denying Mr Baraza bond.
“Due to animosity from members of the public, the safety of the suspect cannot be guaranteed,” the court was told.
Ms Mwea added that the severe penalty for murder could also motivate the accused to abscond if released.
When the case came before Justice Kanyi Kimondo, family members of the deceased and members of the public demanded that the accused remove a mask he was wearing for easier identification.
After the session, the family of the deceased expressed fears that the case might be mishandled.
However, defence lawyer Vincent Yegon urged the court to release Mr Baraza on bond, arguing that he was not a flight risk. He described the officer as a family man with a fixed residence.
Mr Yegon said Baraza, who was attached to Kayole Police Station, lived with his wife and two children near the station and also had a permanent home in Bungoma County.
In an affidavit, Mr Baraza stated that he was married with two children, his wife was unemployed and he was the sole breadwinner. He added that he was also supporting his aging mother before his arrest and detention.
The constable was charged with murder on July 28, 2025, contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty before Justice Kimondo.
Citing Article 49(1)(h) of the Constitution, Mr Yegon argued that his client was constitutionally entitled to bond and that IPOA had not presented compelling reasons to deny him bail. He assured the court that the accused would cooperate fully and attend all proceedings.
Justice Muigai directed both parties to file written submissions, which must be uploaded via the e-filing system and delivered in hard copy to the Deputy Registrar of the Criminal Division.
She fixed September 16, 2025, as the date to rule on whether Mr Baraza will be released on bond.
