Rashid Ahmed, a Pangani-based police officer, has had his prosecution postponed yet again until March 3.
The murder charges, which were planned for February 9, were postponed by High Court Judge Kanyi Kimondo.
The judge will make a decision on whether the police officer should be prosecuted with murder in the High Court or in a Magistrate Court.
Last month, the Judge ordered him to report to the Directorate of Criminal Investigation (DCI) in Garissa Township.
He was to undergo a mental examination before pleading to murder charges on February 9, 2023.
However, he filed an application in the High Court, through his lawyer Danstan Omari, to challenge the murder allegations.
Ahmed contended that starting the murder trial in the High Court lacked legal explanation and logic. He argued that if the High Court results in a guilty conviction, he will be denied the right to appeal.
“I shall be robbed of a relief that I could have had if the judgement had been obtained at the Magistrates court, wherein I may petition to the High Court for a retrial,” Ahmed claimed in court filings.
He went on to say that starting a murder trial in the High Court jeopardizes an important aspect of his right to a fair trial.
Sergeant Rashid Ahmed is facing murder charges in connection with the March 31, 2017 murder of two teenagers, Jamal Mohammed and Mohammed Dhair Kheri, in Eastleigh, an incident captured on video.
