The High Court in Eldoret has ordered the arrest of a cybercrime DCI officer for allegedly withholding crucial evidence in a murder case where a lawyer is charged with killing his colleague.
The DCI officer Daniel Kieni was expected to present in court CCTV footage as key evidence in the murder case but he has failed to appear in court several times despite being summoned.
Lawyer Abel Mogaka is alleged to have killed his colleague Calvin Ngaira during a three-day house party they were attending in Eldoret town.
It’s alleged that there was a commotion at the party during which the accused used a broken beer bottle to stab the deceased.
Lawyer Mogaka is charged with killing his colleague on May 18, 2019, after an altercation during the party held in a house at the Annex area along the Eldoret-Nakuru highway, Uasin Gishu County.
Justice Robert Wananda who is hearing the case described the character of the officer as strange behaviour which which had delayed the conclusion of the case.
“Despite being summoned and promising to appear, the officer has neither appeared physically nor virtually and no sufficient explanation has been given,” said Justice Wananda.
Justice Wananda said he was perturbed by the action of the officer and issued a warrant of arrest against him to the officer in charge of cybercrime at DCI headquarters in Nairobi to implement the arrest.
While issuing the warrant, Justice Wananda regretted that the character of such officers has continued to contribute to the delay of many court cases.
“A warrant of arrest is hereby issued against the cybercrime officer namely Inspector Daniel Kieni of the cybercrime unit DCI Nairobi. The warrants are to be effected by officers in charge of cybercrime unit DCI Nairobi," ordered Justice Wananda.
A primary school teacher narrated to the court the last moments he had with the deceased lawyer.
Kelvin Odhiambo recalled that the house party had been organized by an advocate who had invited several friends including the accused and the deceased.
“We partied overnight with drinks and food as some of us watched the English premier league matches on TV," said Odhiambo.
Odhiambo recalled that at about 5.30 am, the late Ngaira and a female lady walked outside followed by Mogaka who was holding a glass of beer in his hand while the rest of the drinking mates remained in the house.
An altercation broke out outside the house where it’s alleged the stabbing took place.
The deceased was the only son of Hesbon Ngaira who is chief principal at Hill School in Eldoret.
The deceased later died at a hospital in the town.
The accused has denied the charges and is out on a Sh1m bond with a similar surety.
The murder case will be mentioned on October 18, 2024.
