UPDATE Thursday, March 12: Zadock Ochuka Oyieka, an administration police officer who shot and killed boda boda rider Daniel Mburu has been charged with murder.
The officer who appeared before High Court Judge Stella Mutuku on Thursday, March 12, denied the charges and will remain remand at the Industrial Area Prison pending a ruling on his bail application.
The prosecution is preparing 22 witnesses to testify against the embattled officer. Oyieka has been in police custody since February 20.
Update Thursday, February 20: The Administration Police officer who shot and killed boda boda operator Daniel Mburu at the Mama Lucy Hospital on February 18, has been arrested and is set to be arraigned in court.
Wednesday, February 19: Boda boda operators now claim that the policeman who allegedly fatally shot a bodaboda operator at the Mama Lucy Kibaki Hospital had demanded a Ksh50 bribe from the deceased before the scuffle that led to the man's death ensued.
Addressing the press at Uhuru Park, Nairobi Bodaboda Safety Association of Kenya called upon the office of the Inspector General of the Police and the Independent Policing Oversight Authority (IPOA)to fully investigate the death of their colleague "accidentally" killed by a policeman.
"It is with great grief, pain and shock that we sit here to air our disappointment in police and not all police officers but one rogue police officer who knowingly killed an innocent soul of a young bodaboda rider at Mama Lucy Hospital yesterday.
"The young man was just saving another young man as a good samaritan putting in mind that any emergency medical case is given first priority no matter the situation," Kelvin Mubadi, the national chairman of the association stated.
The association asked the government to support them in financing Mburu's funeral and burial arrangements.
"In accordance with the IPOA Act and the National Police Service Act, we call upon the IPOA to swiftly investigate the matter to determine whether criminal charges are to be preferred against the AP officer involved, taking all things into consideration, such as the fact that Mr Mburu was in the hospital to deliver a child who needed emergency medical care," a statement by Amnesty International-Kenya read in part.
Nairobi regional police commander Philip Ndolo confirmed the incident on Tuesday, February 18, stating that the officer, said to have "accidentally" shot the man identified as Daniel Mburu had been disarmed as investigations continued.
The rider is said to have been denied entry into the hospital when a scuffle ensued. It is then that the officer cocked his gun and allegedly shot the man in the chest.
The boda boda operator was ferrying a young boy who had drowned in a pool of water in Korogocho, to the facility.
A video that was seen by Kenyans.co.ke, showed irate members of the public and boda boda operators protesting outside the hospital. However, sounds of gunshots as in the footage caused them to scamper for safety.
Nairobi County Director of Communications Jacob Elkana informed Kenyans.co.ke that the county was not in a position to comment on the act by the officer, but was aware of a child that had drowned in Korogocho area and had been rushed to the facility.
"The county is only aware of a young boy who had drowned at the Korogocho area, he was rushed to the Mama Lucy Hospital. Later around 200 boda boda riders stormed the hospital,
"Any more than that, I don't know," Elkana stated.
The Standard reported that the rider was shot for allegedly defying the rules and rode his motorcycle into the hospital.
The publication reported that the operator, since identified as Daniel Mburu was confronted by the officer after he had dropped off the patient at the hospital.
Mburu had ridden past security at the entrance and rushed the child into the facility.
A scuffle ensued after the officer sought to find out why Mburu had defied the hospital rules, where motorcycles are banned within the premises, but he argued that he had an emergency and the gates were open.
It was during the confrontation that Mburu was shot, and according to the publication, later succumbed to injuries.
Nairobi police commander Phillip Ndolo stated that the matter was under investigation with the intent to take necessary action.
