The High Court in Eldoret has ordered the arrest of a cybercrime DCI officer for allegedly withholding critical evidence in a murder case in which a lawyer is accused of killing his colleague.
Daniel Kieni, a DCI officer, was expected to present CCTV footage in court as key evidence in the murder case, but he has failed to appear several times despite being summoned.
Lawyer Abel Mogaka is accused of killing his colleague Calvin Ngaira during a three-day house party in Eldoret town.
It is claimed that during a commotion at the party, the accused stabbed the deceased with a broken beer bottle.
Lawyer Mogaka is accused of killing his colleague on May 18, 2019, following an altercation at a party held in a house in the Annex area of Eldoret-Nakuru highway, Uasin Gishu County.
Justice Robert Wananda, who is hearing the case, described the officer’s character as strange, which 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,” said Justice Wananda.
Justice Wananda expressed concern about the officer’s actions and issued an arrest warrant against him to the officer in charge of cybercrime at DCI headquarters in Nairobi.
While issuing the warrant, Justice Wananda expressed regret that the conduct of such officers has continued to contribute to the delay of many court cases.
“A warrant of arrest is hereby issued against the cybercrime officer namely Inspector Daniel Kieni of the cybercrime unit DCI Nairobi.
The warrants are to be effected by officers in charge of cybercrime unit DCI Nairobi,” ordered Justice Wananda.
A primary school teacher described to the court the final moments he spent with the deceased lawyer.
Kelvin Odhiambo recalled that an advocate had organized the house party and invited several friends, including the accused and the deceased.
“We partied overnight with drinks and food as some of us watched the English premier league matches on TV,” said Odhiambo.
Odhiambo recalled that around 5.30 a.m., the late Ngaira and a female lady walked outside, followed by Mogaka, who held a glass of beer in his hand, while the rest of the drinking companions remained inside the house.
An altercation broke out outside the house where the alleged stabbing occurred.The deceased was the only son of Hesbon Ngaira, the chief principal of Hill School in Eldoret.The deceased later died in a town hospital.
The accused has denied the charges and is released on a Sh1 million bond with a similar surety.
The murder case will be discussed on October 18, 2024.
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