The High Court in Eldoret has ordered the arrest of a cybercrime DCI officer for allegedly withholding crucial evidence in a murder case involving a lawyer accused of killing his colleague.
The officer, Daniel Kieni, was supposed to present CCTV footage as key evidence but has repeatedly failed to appear in court despite being summoned.
Lawyer Abel Mogaka is accused of killing his colleague Calvin Ngaira during a three-day house party in Eldoret. The incident reportedly involved a commotion at the party, during which Mogaka allegedly used a broken beer bottle to stab Ngaira.
The murder allegedly took place on May 18, 2019, during a party at a house in the Annex area along the Eldoret-Nakuru highway, Uasin Gishu County.
Justice Robert Wananda, presiding over the case, criticized the officer’s behavior, noting it had delayed the case’s conclusion.
“Despite being summoned and promising to appear, the officer has neither appeared physically nor virtually, and no sufficient explanation has been given,” Justice Wananda stated.
He expressed concern over such conduct from officers, which he said contributes to delays in many court cases. He issued a warrant of arrest for Inspector Daniel Kieni, to be executed by the officers in charge of the cybercrime unit at DCI Nairobi.
A primary school teacher, Kelvin Odhiambo, testified about the events leading up to the incident, describing a party organized by an advocate where the accused and the deceased were present.
Odhiambo recalled that around 5:30 am, Ngaira and a woman stepped outside, followed by Mogaka holding a glass of beer. The altercation and stabbing allegedly occurred outside.
Ngaira, the only son of Hesbon Ngaira, the chief principal at Hill School in Eldoret, later died in a local hospital.
Mogaka has denied the charges and is out on a Sh1 million bond with a similar surety. The case is scheduled for mention on October 18, 2024.