• His lawyer, Danstan Omari said the cop was unwell, exhibiting Covid-19 symptoms.
• He said Ndiema presented himself to IPOA on Thursday, adding that a mental test was conducted.
Image: ENOS TECHE
Duncan Ndiema, the police officer accused of fatally shooting 13-year-old Yasin Moyo from the balcony of his house in Kiamaiko, failed to turn up for plea-taking on Friday.
His lawyer, Danstan Omari said Ndiema was unwell, exhibiting Covid-19 symptoms and was advised to go to Mbagathi Hospital for testing.
He said Ndiema had presented himself to Ipoa on Thursday, adding that a mental test was conducted.
Omari said he informed the DPP that his client is at Mbagathi Hospital.
"This being a very sensitive case, I propose we take a mention date on Tuesday if the doctors make a prescription," he said.
Judge Daniel Ogembo, after considering arguments from both parties, said since there are no objections to defer plea-taking, Ndiema will do so on Tuesday next week.
He ordered Ipoa to investigate the nature of the condition of the accused.
Depending on the outcome of medical tests, he will either appear physically or virtually for plea-taking.
Demas Kiprono, Moyo's family lawyer, said it is unfortunate Ndiema did not appear in court as the matter is of public interest.
Director of Public Prosecutions Noordin Haji on June 2 approved the arrest and prosecution of Ndiema.
Yasin was shot on March 30 during curfew implementation.
Haki Africa Executive director Hussein Khalid had criticised the police for using force during the implementation of the dusk-to-dawn order.
Khalid had said that Yasin was killed 20 minutes from the onset of the first day of the curfew on March 27.
Yasin's mother cried for justice, saying that it would have been better for her child to die from the coronavirus disease, rather than from a police officer's bullet who was firing, ostensibly to keep people home to prevent spread of the virus.
Yasin was a standard eight student at Ndururuno Primary School and was at home like other students after the government closed all the learning institutions.
His family had earlier called upon the office of the Interior CS Fred Matiang'i to intervene and ensure that they get justice.