The Eldoret High Court has issued a warrant for the arrest of Inspector Daniel Kieni, a cybercrime officer from the Directorate of Criminal Investigations (DCI), for allegedly obstructing justice in a high-profile murder case. The case involves lawyer Abel Mogaka, who is accused of murdering his colleague, Calvin Ngaira, during a house party in Eldoret.
Case Background
The incident at the heart of this legal drama dates back to May 18, 2019. Abel Mogaka is charged with killing Calvin Ngaira, an esteemed lawyer, during a violent altercation at a social gathering in Eldoret. According to reports, the altercation erupted into a fracas where Mogaka allegedly used a broken beer bottle to fatally stab Ngaira. The party, which took place in a house at Annex along the Eldoret-Nakuru highway, was meant to be a casual get-together but ended in tragedy.
The Officer’s Alleged Misconduct
The court’s ire is directed at Inspector Daniel Kieni, who was tasked with presenting crucial CCTV footage as key evidence in the murder case. The footage, which could potentially shed light on the events of the night in question, has yet to be produced despite multiple summonses issued by the court. This failure to present evidence has significantly delayed the proceedings and fueled accusations of deliberate obstruction.
Justice Robert Wananda, presiding over the case, has expressed his frustration with Kieni’s conduct. Describing the officer’s behavior as “strange,” Justice Wananda criticized the repeated failures to attend court sessions either in person or virtually. This has hindered the progress of the case, and the judge emphasized that no satisfactory explanation has been provided for the officer’s absence.
Court’s Response
In response to the officer’s persistent non-compliance, Justice Wananda issued a warrant for Kieni’s arrest. The warrant demands that the officer in charge of the cybercrime unit at the DCI headquarters in Nairobi execute the arrest. This move underscores the court’s commitment to ensuring that justice is not delayed by procedural misconduct.
“A warrant of arrest is hereby issued against the cybercrime officer namely Inspector Daniel Kieni of the cybercrime unit DCI Nairobi,” announced Justice Wananda. “The warrants are to be effected by officers in charge of the cybercrime unit DCI Nairobi.”
Justice Wananda also lamented how such incidents contribute to the broader problem of delays in the judicial system, emphasizing the negative impact of such behavior on the timely administration of justice.
Testimonies and Case Progress
The court has heard from several witnesses, including a primary school teacher who recounted the final moments he shared with the deceased. Kelvin Odhiambo, a party attendee, described the social atmosphere of the night and the sequence of events leading to the stabbing. According to Odhiambo, after a night of revelry, Mogaka followed Ngaira and a female acquaintance outside, where the fatal altercation occurred.
Kelvin Ngaira, the deceased, was the only son of Hesbon Ngaira, the chief principal at Hill School in Eldoret. His tragic death has had a profound impact on his family and the legal community.
Current Status
Abel Mogaka, the accused, has denied the charges and remains out on a Sh1 million bond with a similar surety. The case is scheduled for mention on October 18, 2024, when the court will likely review the status of the proceedings in light of the new developments.
The arrest warrant for Inspector Kieni highlights the critical role that law enforcement and judicial officers play in ensuring that justice is served without delay. As the case unfolds, the court’s actions reflect its commitment to upholding the rule of law and addressing any attempts to undermine the legal process.
