DPP Haji Approves Murder Charges Against Rogue Police

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The late 10-year-old Yassin Moyo who was shot dead by a police officer in Huruma, Nairobi in March 2020.
File

UPDATE: Wednesday, July 8: Police officer Duncan Ndiema granted Ksh.1 million cash bail two weeks after he pleaded not guilty to the murder of 13-year-old Yassin Moyo in Huruma estate.


UPDATE Wednesday, June 24: The prosecution has asked the High Court to deny police officer Duncan Ndiema bail after he apparently lied to the court about his health status. Ndiema had skipped court session claiming that he was taking a Covid-19 test at the Mbagathi Hospital after allegedly exhibiting symptoms. 

The investigating officer stated that Ndiema did not visit the hospital but was in Uthiru and Ndumbuini, Nairobi, 15 kilometres away from the hospital.

The  Independent Policing Oversight Authority (IPOA) investigator added that members of the late Yassin Moyo's family have been receiving threats from individuals suspected to be associated with the suspect. The authority argued that offering him bail would jeopardise the case.


UPDATE Tuesday, June 23. Duncan Ndiema, the police officer said to have fired the bullet that ended the life of 13-year-old Yassin Moro has been charged with murder. 

A file image of the late Yassin Moyo
A file image of the late Yassin Moyo
File

Ndiema pleaded not guilty while appearing before High Court Judge Luka Kimaru.

He will be remanded at Capitol Hill and will be arraigned on Wednesday, June 24 for bail hearing. 


Director of Public Prosecutions Noordin Haji has given the green light for murder charges to be filed against a police officer who shot and killed 13-year-old Yasin Moyo in Huruma, Nairobi on March 30.

Duncan Ndiema Ndiwah, the law enforcer will be arrested and prosecuted after the Independent Policing Oversight Authority (IPOA) concluded its investigation and handed the file to DPP.

Nairobi Senator Johnson Sakaja had promised Moyo's family that he would ensure the police officer was arrested and justice served for the family.

In a statement sent to Kenyans.co.ke, Sakaja lauded the DPP for taking action against the rogue police officer. Sakaja disclosed that he, together with a number of legislators and representatives from the office of the Inspector General had offered financial assistance to the family

After the incident occurred, the Senator also pushed for IPOA to table a report in Senate by June 15, indicating police officers who have been prosecuted over violation of the law. 

"What we could do for the tears of his mother and father to be wiped away, is to get justice. 

"We want them to ensure that the abuse of power does not continue," the statement reads. 

Yasin was rushed to hospital by neighbours after being shot on the balcony of their house while watching police patrol during curfew.

"He wasn’t even on the street. I support the curfew but how the policeman handled it was very wrong," his father lamented. 

According to IPOA, the agency is currently investigating 87 complaints which include deaths, shootings, harassment, assaults resulting in serious injuries, robbery, inhuman treatment and sexual assault.

Nairobi Senator Johnson Skaja (in white shirt) during his visit to Yasin Moyo's house in Huruma, Nairobi in April 2020
Nairobi Senator Johnson Sakaja (in white shirt) during his visit to Yasin Moyo's house in Huruma, Nairobi in April 2020
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