Ahmed Rashid Murder Trial Adjourned After Witness No-Show
The hearing of a murder case against police officer Ahmed Rashid was adjourned once again after two of the three prosecution witnesses failed to appear in court.
Prosecutors informed trial judge Justice Diana Kavedza that one of the witnesses did not respond to calls and failed to show up.
Firearm Exhibit Missing
Investigating officer Allan Kibachio, who was present in court, was unable to testify because a firearm listed as an exhibit in the case had not been availed.
The prosecution told the court that the firearm was in the custody of the Officer Commanding Station (OCS) at Pangani Police Station.
Kibachio is the officer who issued firearms to the so-called Pangani Six, a group of officers including Rashid, who are accused in connection with alleged killings in Eastleigh.
In the absence of the firearm, the prosecution said Kibachio’s testimony could not be properly demonstrated.
Defence Objects to Adjournment
Defence lawyer Danstan Omari opposed the adjournment request, arguing that the prosecution was not ready to proceed with the case.
He cited three previous adjournments and questioned why the exhibit was not in the custody of investigators.
“The OCS is an employee of the National Police Service. This matter is not being investigated by the police service. The custody of exhibits must be with the investigators. How did the OCS get custody?” Omari told the court.
“The OCS has no constitutional or legal mandate to have custody of exhibits,” he added.
Omari further claimed that the prosecution lacked sufficient evidence and suggested that the case was influenced by civil society groups.
“Let them proceed with this matter and produce evidence against Ahmed Rashid,” he said.
Court Ruling
Justice Kavedza acknowledged the defence’s concerns regarding the absence of witnesses and evidence.
However, she ruled that prematurely closing the prosecution’s case would not serve the interests of justice.
“To close the case prematurely would be a disservice to the victims,” the judge stated while allowing the adjournment.
The hearing is scheduled to resume on June 24.