Officer accused of PEV murder released on bond

A former police officer accused of shooting demonstrators in Kisumu during the 2007- 2008 post election violence has been released on bond.

Edward Kirui was released on Sh2 million bond after High Court Judge Lucas Kimaru overruled an application by the Director of Public Prosecutions that objected his release.

In his ruling, Justice Kimaru directed the accused not to be in contact with the witnesses until they testify before the court. Mr Kirui is being accused of murder during the 2007/8 post-election violence.

Justice Fred Ocheng' acquitted him on June 21, 2012 for lack of evidence in the first case where he had been accused of murdering William Onyango.

But the judgement was silent on the second count of the murder of Ismael Chacha on January 16, 2008.

Overturned judgment

The Court of Appeal ordered a trial for the second count. Kirui is accused of fatally shooting the two who were demonstrating in Kisumu's Kondele estate.

It is alleged that the officer was caught on camera shooting the protesters in the footage aired on national and international TV stations. Mr Kirui denied the charge before a Nairobi court. A medical report presented in court indicated Mr Kirui was fit to stand a retrial.

State counsel Catherine Mwaniki told Lady Justice Stella Mutuku that investigations had started afresh, "but detectives will need time to travel to Kisumu to collect new evidence".

On October 17 this year, a three-judge bench overturned Justice Ochieng's judgment and ordered Kirui's arrest and prosecution.

"In 2009, Kirui was charged with two counts of murder and was acquitted on the first one. The trial court concluded the prosecution evidence could not sustain a conviction but was silent on the second count," lawyer Charles Koech said.

"It's unfortunate the officer is being made to bear the pain of a fresh trial for a failure of the High Court," Mr Koech added.

Koech wanted the accused released on bond upon the conditions that the court may deem fit. The court heard that when the offence was allegedly committed, Kisumu residents were rioting. The case will be heard on February 2, 2015.