By Andrew Kariuki
The ongoing murder trial of former police officer Ahmed Rashid was on Thursday adjourned after two key prosecution witnesses failed to present crucial evidence before the High Court in Nairobi.
The case, which is being heard by Justice Diana Mochache, had been scheduled to proceed with testimony from an officer attached to the Communications Authority of Kenya.
The witness was expected to produce communication data allegedly linking Rashid to the fatal shooting of Jamal Mohammed and Mohammed Dahir Kheri in Eastleigh.
However, the prosecution told the court that the witness could not be reached despite being served with summons.
“Despite being served with summons to attend court today, the officer is not picking calls or responding to messages,” State Counsel Angela Fuchacha told the court, adding that the prosecution was unable to proceed without the testimony.
A second witness, a former chief armourer at Pangani Police Station, also failed to testify effectively after appearing in court without the firearms which were said to be key exhibits in the case.
The prosecution argued that the absence of the exhibits would significantly weaken their case.
“The armourer did not come with the firearms that are key exhibits in this matter.
Proceeding without the exhibits would render our case weak. We therefore seek an adjournment,” Fuchacha said.
The request for an adjournment was strongly opposed by defence counsel Danstan Omari, who accused the prosecution of deliberately delaying the proceedings.
“This is a tactical move to derail and prolong this trial,” Omari submitted.
“My client has been attending court diligently and the prosecution cannot continue to hold him hostage to their unpreparedness.”
Omari further argued that external influence by civil society organisations had contributed to the prolonged delays in the case.
After hearing submissions from both sides, Justice Mochache adjourned the matter and directed that the hearing will proceed on June 24 and 25, when the court is expected to take further evidence.
Ahmed Rashid, a former member of the Starehe Special Police Initiative and Vigilance Unit, commonly referred to as the “Pangani Six,” is facing murder charges in connection with the shooting of Jamal Mohammed and Mohammed Dahir Kheri.
The incident is said to have occurred on March 31, 2017, outside Amal Shopping Complex in Eastleigh, Nairobi.
The case has experienced multiple delays over the years, with the latest adjournment adding to concerns over the pace of the proceedings.
