Rashid Hassan Ahmed, a police officer, linked to the murder of two youths in Eastleigh, moved to the High Court to challenge orders issued by Director of Public Prosecution, Noordin Haji, seeking his prosecution.
The cop linked with the deadly and famous Pangani Six group filed the case through his lawyers on Wednesday, November 30.
In his affidavit, he alleged that the Inspector General of Police Japhet Koome, then Provincial Police Officer, confirmed the incident and noted that the youth were part of the notorious gang in Eastleigh.
"I am aware that Inspector General of Police, Japheth Koome, who was the operation's overall commander, addressed the media at the scene and confirmed that the robbers who had been killed were part of the gang that had killed his officer, sergeant Abdulaziz," Rashid alleged.
He further argued that he was forced to open fire after seven armed robbers shot at the police and members of the public in the incident, which happened in 2017.
The suspects allegedly carried homemade guns, and one attempted to disarm a law enforcement officer, forcing him to retaliate.
"In a bid to protect lives, one robber carrying the homemade gun was gunned downed in the heavy exchange gunfire," Rashid's affidavit read in part.
The renowned cop further clarified the operation involved both uniformed and plainclothes officers.
Besides killing a cop in the Mlango Kubwa area in Nairobi, Rashid added that the gang was linked to several robbery incidents in the Eastleigh area.
He thus appealed to DPP Haji to drop the murder charges, arguing that the case was pure malice.
"The decision by the DPP to charge me for the offence of Murders is irrational, an abuse of discretion, a failure to act fairly in the exercise of discretion actuated by malice or other relevant considerations against public interests, does not cohere with the interests of due administration of justice," Rashid through his lawyer Danstan Omari argued.
Rashid further indicated that his arraignment would violate his rights to equality, non-discrimination and a fair hearing.
Traders and business owners also filed their sworn affidavits to support Rashid, maintaining that the shooting incident captured on camera helped reduce crime in the vast Eastleigh area.
