A police officer charged with killing a taxi driver 40 days ago, sparking a series of demonstrations in Garissa Town, will remain in prison custody until the manslaughter case against him is heard and determined.
Dismissing a plea by Police Constable Charles Ngulungu Kauwi to be released on bond pending trial, a Milimani Law Courts magistrate on Friday ruled that the accused could interfere with witnesses if released.
In the ruling, the court upheld the prosecution's objection to granting bond, finding that the accused wields considerable influence in Garissa, where he has worked for the last seven years.
Prosecutors Virginia Kariuki and Naomi Wanjiku urged the court to consider the seven years the accused has served as a police officer while determining his bail application, arguing that he has "immense influence on the residents of Garissa Town and its environs."
Court cites flight risk concerns
The magistrate also considered the fact that the accused allegedly went into hiding after the shooting incident, heightening fears that he could abscond if released on bond.
The court concurred with the investigating officer, Mr Justin Nyatete of the Independent Policing Oversight Authority (IPOA), that the accused's conduct had undermined his entitlement to bond after he deserted duty.
“After analysing all the material placed before me and the submissions by the defence and the prosecution, this court finds that the accused may not turn up for trial once admitted to bond,” the court ruled.
The magistrate further observed that the safety of the accused could not be guaranteed due to public outrage and demonstrations that rocked Garissa Town following the shooting.
Following the dismissal of the bail application, defence lawyers Morris Kimuli and Nichola Wambua Ngumbi filed an appeal at the High Court, arguing that the magistrate misapplied the law.
They are asking the High Court to exercise its jurisdiction and release the accused on bond, saying it is his constitutional right.
Kauwi is charged with manslaughter contrary to Section 202 of the Penal Code. He denied causing the death of Adan Mohamed Hassan, an offence allegedly committed on April 21, 2026, in Modika area, Garissa County.
Although the defence sought the officer's release on bond, Ms Kariuki strongly opposed the application, saying the fatal shooting of Adan sparked demonstrations led by Garissa Woman Representative Amina Udgoon Siyad, Members of County Assembly (MCAs), rights activists and youth groups demanding justice for the deceased.
“There are compelling reasons that warrant denial of bail. The accused went into hiding after the incident,” Ms Kariuki submitted.
She added that the severe penalty attached to the offence of manslaughter could provide an incentive for the accused to abscond.
Ms Wanjiku told the court that the suspect had abdicated his role as a protector of human life and a law enforcement officer by allegedly killing the taxi driver.
Defence moves to High Court
Mr Kimuli urged the court to dismiss the State's objection to bond, noting that the accused had earlier been released on a Sh700,000 bond by a Makadara court where he was first presented through a miscellaneous application.
He argued that the accused had demonstrated good character by surrendering himself to face justice, attending court and availing himself for interrogation by the Directorate of Criminal Investigations (DCI).
“The fatal shooting of Adan occurred when police officers were attacked by a gang of nine men armed with a gun and machetes on the night of April 21, 2026,” Mr Kimuli told the court.
The lawyer also asked the court to take judicial notice of the recent tensions between herders and farmers in Kitui County, arguing that the shooting of Adan had no connection to the grazing disputes.
The court heard that peace has since returned to the border area between Kitui and Garissa counties.
In its ruling, the court noted that PC Kauwi deserted duty from April 21, 2026, until his arrest on May 21, 2026.
Defence lawyers told the court that the officer returned the firearm allocated to him after the shooting and retreated to a safe location following demonstrations in Garissa County.
The magistrate had been urged to determine the bail application solely on the law and not under pressure from politicians or external forces.
PC Kauwi, popularly known in Garissa as “Papa Chali”, will remain at Industrial Area Prison pending further directions from the court.
