Ahmed Rashid murder case adjourned again after witnesses no-show

The hearing of a murder case against police officer Ahmed Rashid was yesterday adjourned yet again after two of the three witnesses who had been lined up to testify failed to show up.

Prosecutors told trial judge Diana Kavedza that one of the witnesses failed to pick up calls and did not show up in court.

Investigating officer Allan Kibachio, the only one who showed up, could not testify because a firearm, which is exhibited in the matter, had not been made available to him by the OCS Pangani police station.

Kibachio is the officer who issued firearms to the Pangani Six (a group of officers, including Rashid), who are accused of committing murders in Eastleigh. In the absence of the firearm, Kibachio's testimony could not be demonstrated, the prosecution told the court.

Defence lawyer Danstan Omari took issue with the request for adjournment, accusing the prosecution of charging his client without being ready to execute the case. Hen cited three previous adjournments.

“The OCS is an employee of the National Police Service. This matter is not being investigated by the police service. The custody of exhibits must be with the investigators. How did the OCS get custody?” Omari said.

“The OCS has no constitutional or legal mandate to have custody of exhibits.”

The case had initially been scheduled for a hearing from 9 am, but was pushed to 11 am after the prosecution confirmed the witnesses were available and would appear.

Omari claimed the state had no evidence against his client, alleging the case was being driven by civil society groups.

“Let them proceed with this matter and produce evidence against Ahmed Rashid,” he said.

Justice Kavedza agreed with the defence that the failure by the witnesses to show and the absence of evidence was insufficient reason not to proceed with the case. 

“But to close the case prematurely would be a disservice to the victims,” Kavedza said, ruling in favour of the adjournment.

Hearing resumes on June 24.