By Andrew Kariuki
A police officer accused of fatally shooting a taxi driver in Garissa County will remain in custody after a Milimani court denied him bail, citing concerns over witness interference and the risk of absconding.
Police Constable Charles Ngulungu Kauwi, commonly known by the public as “Chalo,” who is facing a manslaughter charge, was denied bond on Friday after the court found that the prosecution had demonstrated compelling reasons to keep him in custody pending trial.
Kauwi denied the charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
Court documents indicate that the case relates to the fatal shooting of 28 year old Adan Mohammed Hassan in Modika area, Garissa County, on April 21, 2026. Prosecutors allege the deceased was shot at close range during the early morning hours and died at the scene.
In its ruling, the court considered several issues raised by the prosecution, including the seriousness of the offence, allegations that the accused had gone into hiding for 15 days following the incident and concerns that his release could interfere with witnesses.
The prosecution, supported by investigations conducted by the Independent Policing Oversight Authority (IPOA), argued that the officer posed a flight risk after he was allegedly declared a deserter through a police signal before resurfacing and being arrested on May 16, 2026.
The court heard that Kauwi had worked in Garissa County for more than seven years and that the majority of prosecution witnesses are expected to come from the same locality.
In denying bail, the court found that the accused’s familiarity with the area and professional links raised a credible likelihood of interference with witnesses if released.
“The prosecution has credibly and specifically demonstrated the likelihood of such interference,” the court ruled, adding that the accused’s long service in Garissa had enabled him to establish networks with fellow officers and familiarity with potential witnesses.
The court, however, dismissed arguments that Kauwi should remain in custody purely for his own safety following public anger in Garissa, stating that security concerns alone do not meet the threshold of compelling reasons for denial of bail and that the State has a duty to protect citizens.
While acknowledging the gravity of the offence,Magistrate Geoffrey Onsarigo noted that seriousness of a charge alone cannot automatically justify denial of bond unless reinforced by other compelling factors.
Defense lawyers led by advocate Kimilu opposed the application, arguing that the accused enjoys the presumption of innocence and that the prosecution had failed to place sufficient evidence before court to show actual witness interference or an intention to abscond.
The defense further maintained that the accused presented himself to police and has a fixed place of residence, insisting that allegations of witness intimidation were speculative.
Following the ruling, counsel for the accused informed the court of plans to challenge the decision at the High Court and sought an expedited typed copy of the ruling to facilitate an appeal.
The matter is scheduled for mention on June 18, 2026, before Magistrate Lucas Onyina for pre-trial directions and compliance.
Outside the courtroom, family members, community representatives and leaders from Garissa welcomed the decision, describing it as an important step toward justice for Adan Mohammed Hassan.
A family representative said they were encouraged by the court’s refusal to grant bail and vowed to continue pursuing justice through every legal avenue should the matter proceed to higher courts.
The family described Adan as the sole breadwinner and only son of his parents, saying his death had left a deep void.
“We are asking for justice and nothing else,” said a youth group representative, who argued that the circumstances surrounding the shooting warranted serious accountability.
Garissa leader Ali Sheikh also welcomed the ruling, saying the family and community would remain vigilant should the defense proceed with an appeal.
Sheikh further disclosed that letters had been sent to the Office of the Director of Public Prosecutions (ODPP) seeking a review of the charge from manslaughter to murder, in line with what he said were IPOA’s original recommendations.
“We want justice for our son and for the matter to be concluded fairly,” he said.
Hon. Abubakar Mohammed, MCA for Galbet Ward, also welcomed the court’s decision to deny bail, saying the family and Garissa leaders would continue pursuing justice for Adan Mohammed Hassan as the case progresses. He also said they were pushing for a review of the charge from manslaughter to murder in line with IPOA recommendations.
The court heard that the prosecution and IPOA are continuing investigations as the criminal proceedings move forward.
