Court sets hearing date for city mask seller murder case

Police officer Klinzy Baraza fires a gun during protests along Moi Avenue in Nairobi on June 17, 2025. He is charged with the murder of mask vendor Boniface Kariuki. [File, Standard]

The High Court has set July 8, 2026, as the date for the hearing of the murder case against Police Constable Klinzy Baraza, who is accused of fatally shooting mask vendor Boniface Kariuki during last year’s anti-government demonstrations in Nairobi.

Justice Margaret Muigai of the High Court’s Criminal Division issued pre-trial directions on Monday requiring all parties in the case to confirm service of evidence and committal bundles within 21 days ahead of the trial.

The judge ordered the Office of the Director of Public Prosecutions (DPP), the Independent Policing Oversight Authority (IPOA), and the defence to ensure all documentary evidence and witness materials have been exchanged before the hearing begins.

During the proceedings, state prosecutor Gikui Gichuhi informed the court that the prosecution had already supplied the defence and other parties with the committal bundles.

“The prosecution has since supplied the defence and all parties with the committal bundles on June 31, 2025,” Gichuhi told the court.

However, the lawyer representing the victim’s family, Eric Muriuki, disputed the assertion, saying the family had not yet received the documents.

“We are yet to be supplied with the same,” Muriuki told the court, prompting the judge to direct that all parties confirm service of the materials within the stipulated timeline.

The pre-trial directions come weeks after the court denied Baraza bail pending trial and ordered that the case be heard expeditiously due to its public interest.

Justice Muigai last month rejected the officer’s application for release on bail, citing concerns over potential witness interference and the safety of the victim’s family.

“The court finds the reasons advanced by the DPP on the possibility of interference with witnesses, protection and safety of victims, and maintenance of public order, peace and security, to be compelling,” Justice Muigai ruled.

Baraza is charged with the murder of Kariuki, a mask vendor who was shot in the head on June 17, 2025, along Moi Avenue in Nairobi’s Central Business District during demonstrations.

According to court documents, Kariuki was vending outside Imenti House when the shooting occurred. He was rushed to Kenyatta National Hospital but later succumbed to his injuries.

In his earlier bail application, Baraza pleaded with the court to release him on bond, assuring the judge that he would comply with all conditions and attend court proceedings.

“I have a fixed place of residence and I am ready to appear in court whenever required. I will fully comply with any bail or bond conditions imposed by the court,” Baraza told the judge.

However, prosecutors opposed the request, arguing that the seriousness of the charge and the evidence gathered so far made him a flight risk.

The prosecution further argued that several key witnesses including police officers junior to the accused, and civilians who had expressed fear for their safety.

IPOA supported the prosecution’s position, saying Baraza’s status as a police officer could expose witnesses to intimidation.

“The applicant is well trained and conversant with investigative procedures, police networks, and knowledge to evade detection. He may interfere with witnesses and tamper with evidence,” Justice Muigai observed in her ruling.

The court also heard that Kariuki’s family had received threatening calls and messages urging them to abandon the case.

“The family of the deceased have had their phones jammed with calls and SMS messages castigating them, and the family raises concern of their safety and security and fear of being victimized once freed on bail,” prosecutor Gikui told court. 

Justice Muigai ordered that Baraza remain in custody at Nairobi Remand Prison as the case proceeds, but noted he may renew his bail application after key witnesses testify.

The trial is expected to begin on July 8, 2026, before the High Court in Nairobi.