Pangani cop Ahmed Rashid risks being arrested after he failed to appear in court on Thursday, December 8, claiming that he had not been served to appear at the High Court for a plea hearing.
Rashid was charged with the murder of two teenagers, Jamal Mohamed and Mohammed Dhair, in Eastleigh.
His lawyer Danstan Omari, however, committed to bringing him to court. Consequently, the plea-taking was postponed to January 23, 2023.
Omari also insisted that his client did not shoot dead the suspects as alleged.
He also challenged the Directorate of Public Prosecution (DPP) and Independent Policing Oversight Authority (IPOA) to prove that Rashid fired the shots that claimed the lives of the two teenagers.
Speaking to NTV, the lawyer argued that the prosecution would need to prove beyond reasonable doubt that his client was the plain-clothed officer in the circulating video.
"Our client never shot anybody. The burden of who shot the people is the government's responsibility. In this country, there is nothing such as self-incrimination.
"Let the government produce incriminating evidence that Seargent Ahmed Rashid did shoot, and explain whether it was manslaughter or murder," Omari told NTV.
In an affidavit, Rashid maintained his innocence stating that the operation was conducted by several officers and that he was not a murderer as alleged.
"That contrary to the reports made, the operation was a security-led operation and involved several officers both uniformed and in plain clothes.
"I can confirm that I am not a criminal or murderer as portrayed. I have never used my firearm other than within the permitted parameters of the National Police Service Act," the affidavit read in part.
In addition, the cop refuted claims that he shot innocent Kenyans, stating that the Inspector General of Police Japhet Koome, the then provincial commissioner, was privy to the operation.
All victims of the criminal gang, he argued, corroborated that Dhair and Mohamed were thugs who were positively identified at the scene.
Rashid also disclosed that he had not been summoned by IPOA on the case. The case will be heard at the High Court on Thursday, December 8.
