This video documents a court case where police officer PC Charles Ngurungu Kaui was arraigned for the manslaughter of Aden Mohamed Hassan in Garrisa County, Kenya, highlighting the controversy over whether the charges should be murder or manslaughter, and the community's demand for substantive justice against police misconduct.
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POLICE OFFICER, A MURDER SUSPECT IN GARISA COUNTY ARRAIGNED AT MILIMANI LAW COURTAjouté :
I will not I will also invite the court to look at the last signal. Sorry, the same signal give two.
But there is evidence on record that his life itself is in danger. You know, you cannot that in this signal it is in You know, I will not do so much I will also invite the court to look at the last signal. Sorry, the same signal give two.
But there is evidence on record that I add you to note, your honor, that the charge sheet itself identifies him as PC.
PC is is a junior most.
He's of the junior most rank in the National Police Service. PC. The police, call it Papa Charlie.
Police Constable.
How does a police constable gain so much influence so as to be able to interfere with even fellow police officers?
It's not done lightly, you know that.
It's a constitutional right. But for the integrity and looking at the character and the antecedents of the accused person, this is one of those cases that you should exercise.
The family of the accused person are here, your honor.
Mr. Ali Sheikh and brother, the uncle is there, that old man who seated there.
Most of the public that Mr. Kibuli is referring to is fully in your court. They have traveled 400 km and they want substantive justice from you for someone who has been a a from the law. He does not deserve your discretion.
The 28th is not a legal holiday.
At midday.
At some time the next week.
At midday.
Well, you said what I said.
Midday. Midday. Midday noon. Noon, yes.
Fugitive might be on holiday in So, just to be careful and we are getting a new Okay.
Well, I I plead with my my colleagues to talk to the people who make the decision to make the holiday on Friday.
Uh so, I'm I'm matters of of God.
Okay. So, I think I think thank you for telling me that of course I was not aware.
So, maybe I can we can push it to Maybe on Friday, 29th.
29th?
29th is okay.
Just a minute.
No.
Let's put it on 2nd of June.
Just to be safe.
Yona, that is I I Uh we have submitted that he's entitled to bond and I know you have a lot of work.
But, I request that uh the determination be sooner than 2nd.
Yes, I I Mine mine was on 28th and now that we've been told it will be a holiday. So, If if We can then take 29th.
29th? We can take 29th so that if you grant him bond, I can run with it on that day and see him go home for that holiday.
We shall be celebrating a major national holiday.
On 1st of June.
>> [clears throat] >> Okay, so we can 29th of May at uh And I want to keep God with him at home.
At at 10:00 a.m. 10:00 a.m. 10:00 a.m.
Thank you very much.
Yes, the accused now is will be remanded at Industrial Area Remand Prison holding on 29th of May at 10:00 a.m.
Most obliged your honor and thank you very much. Have a blessed day.
Today we were heard on the admission to bail of police PC Charles against the the heinous murder of Aden Mohamed uh our son and and and and and a resident of Garissa County. Um the court heard us and we had substantive justice.
Of course uh we await for the bail ruling on the 29th uh of of this month at at 10:00 a.m. Hopefully he will not We are hoping he will not be admitted to bail uh because of the nature of the crime he's committed. Uh we are We've also written to the DPP. We are very disappointed with the DPP uh profiling charges of manslaughter. We have written to him. We know the ODPP is an office that uh is constitutionally required to look at the justice of both sides. Hopefully he will look at the file again with a view of profiling murder charges because we believe this was a blatant murder of of Aden Mohamed.
Um hopefully the family will be coming here. We will follow up this matter to the latter end.
Uh there are other matters. I mean in in Garissa County especially, this is not the first one. There are other people who have been killed by police officers.
We know police officers are our brothers and sisters. We have family who are police officers. Some of them are good, but there are a lot of them who are also uh conduct themselves, especially in in northern Kenya, in an untoward way. And those are the ones who we will make sure that substantive justice is gotten against them. Um as you have seen, uh most of the leadership of Garissa County is here. Members of County Assembly Parliament. Parliament members Parliament, governor aspirants, uh women rep aspirants, all of them are here.
Which shows that uh this is a very important matter for them. Hopefully, we'll follow up to the latter end, and we we we undertake to the family. Kenya Human Rights Commission is also on board. Spoken to the LSK, uh to the president of uh of LSK. Hopefully, they'll be sending someone.
We undertake to the family that we will get to the bottom of this, and they will get substantive justice. We'll also be filing compensation claim for the family. Uh of course, the courts have uh found personal responsibility, culpability in these matters. We'll be filing claim uh civil compensation claim, constitutional compensation claim against PC Charles, as well as the people who have appointed him to that place, which is the office of the IG. And and hopefully, we'll be able He was a young man with a very young family. Uh hopefully, we'll be able to get compensation for him.
And we are all mourning. And from the very day this boy, very ambitious boy, was killed in a gruesome and uh a murder, from that day, the community has not been resting.
But having said that, you know, uh justice is midwife of peace. Where there's no justice, there can never be peace.
Uh it's really sad and shocking and diabolical that we have an incident of this nature uh becoming common day in Garissa and in northern Kenya where police behave wrongly and kill people, maim people, subjected them, inhale at them.
And this is the same incident that has been going on. You remember 2 months ago somebody was killed in the same Modica.
And and and this boy was also killed. He's a young boy, young family. He just married. He had one uh he he just married and he didn't have a kid.
And he was eking out a living.
So, I think for the DPP to charge him with a manslaughter is travesty of justice and grave violation of the constitution and the law of this country.
And I think uh the the the DPP is not doing his job. He He has failed in his duty.
And it looks like we are going to ask the Kenyan people and the parliament to bring uh a motion to impeach him because that is not acceptable in this day and time when a policeman shoots uh uh >> [snorts] >> innocent person.
And the same policeman is just charged with a with a with manslaughter.
Manslaughter means he is he did that one, you know, unintentionally.
Uh and it means that he is not culpable for murder. I think the court was very clear. We look forward to the decision on Friday.
But in my capacity as a leader, I am very disappointed with how or the direction that the DPP has taken because to me it feels like he is mutilating this file to water down the case from a a murder situation to a manslaughter.
So, for this we are very much alert and I will take the personal initiative to even bring a motion of impeachment against him if this matter is not reviewed. This is not a threat. It is a demand for justice and we shall take up our responsibility as leaders and as community members.
Yeah, good afternoon everybody.
My name is Wajimah Ali Sheikh.
On behalf of the family I want to thank the community who have gathered uh today and yesterday here for purposes of uh keeping in solidarity with the family.
Uh we were told that the charges, as my colleagues have said have been watered down from murder to manslaughter.
And on that note, we are not happy with the the office of the ODPP.
Uh we're seeking justice for our son.
The only son of a mother and a father who was very enterprising and someone just decided to cut his life short.
We will not allow to that.
As leaders and as family members of the late son we want to thank uh the community who have given us the support from the day of the incident up to today until the end of uh this uh process.
It is very unfortunate that the charges preferred were not what we expected.
However, we don't want to talk on a matter that is sub judice uh is before our court.
Uh maybe that will be prejudicial if we start putting and poking holes on what has happened and what is going to happen. But, our aim here is to stand in solidarity with the family and to seek justice such that uh incidents like this, they have become common in our area in Garissa.
Uh I'm sorry to say this, but the accused person in this matter uh is not somebody who is new to these incidents.
We have had similar incidences from the same PC Charlo. He's a very well-known person in the community.
And we we seek justice to prevail because it's only that some matters were not reported by reported by the community.
And they thought that he will go scot-free like the previous incidences.
But we will make sure this one is his last action.
And his last act of such kind.
And Aden is the only son of my uncle.
And we are saying pole to the family.
We are here to protest and condemn the decision made by DPP office or ODPP office that they say this case was a manslaughter.
But we are saying that is killing of um killing of unintentional.
And that is not right. This was murder.
If you could hear the report of IPOA this boy was shot in the head. A blunt shot on the head.
And that means this was murder.
Was intended intended of killing.
The officer was intentionally wanted to kill one Aden.
Um we are disappointed as a family, as a leaders from Garissa County. We are hoping for justice to happen.
We are not We are not satisfied with the ODPP office where they have uh the murderer.
The man who killed a young innocent man in Garissa County with manslaughter. The incident was uh witnessed by many people and it was not an act of accident. It was purpose and uh we want justice to be done. Because as we see now they have uh watered down and their accusation to manslaughter instead of murder.
That showed the level of incompetency in the ODPP's office. Our counsel I our counsel have written to the ODPP to review and their charges.
The we we we are waiting for the review of charges as requested by our counsel.
And in between we will be very calm, but if this level of incompetency and is is we're going to continue or persist, we will going to file a public petition against the ODPP at the PAC as locals and residents from Garissa and as said by our member of parliament, she will bring an impeachment motion. But uh we have hopes in the court that justice will not be submerged and in the end we will get the justice.
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