An Administration Police Constable accused of fatally shooting a Karatina businessman in January has been released on a Sh1 million bond, with a surety of a similar amount, by the High Court in Nyeri.

In granting bond to the officer, Peter Wamiti, Justice Kizito Magare directed that the accused deposit his passport in court as part of the conditions for his release pending trial.

The court further barred the 41-year-old officer from carrying any weapons, including firearms or knives, for the duration of the case.

Why Artan’s appointment to officiate at 2026 World Cup is a watershed moment for the Horn of Africa Sports

Oronda targets Parkinson’s stigma through the IOC Young Leaders platform Sports

He was also prohibited from going within a one-kilometre radius of the Rubis petrol station in Karatina town, where the incident occurred, as well as the deceased’s residence.

In his ruling, Justice Magare noted that the prosecution had failed to present compelling reasons to justify the denial of bond to the accused.

He emphasized that although the offence Wamiti faces may be considered serious, the gravity of a crime alone is not a sufficient legal ground for denying an accused person bail under Article 49(1)(h) of the Constitution.

“The state must demonstrate compelling reasons to warrant denial of bond. The heinousness of the offence is not one of those reasons, as it would amount to a derogation from the presumption of innocence,” ruled the judge.

He further cited the constitutional right to a fair trial, underscoring that every accused person is presumed innocent until proven guilty.

“As the matter stands, the court does not yet know the full circumstances that led to the charge. The accused remains innocent until proven otherwise,” he added.

Wamiti is charged with the murder of George Gathu, a 40-year-old businessman who was shot dead at the Rubis petrol station in Karatina on the night of January 18.

According to court records, the incident occurred at around 11 p.m. following an altercation between the deceased and another unidentified individual. It is alleged that Wamiti, who was on night patrol alongside a colleague, intervened in the situation.

After a brief exchange, the officer allegedly opened fire on Gathu as he attempted to get into his car and leave the scene, killing him instantly.

A postmortem examination conducted last month at the Karatina Sub-County Hospital mortuary revealed that the deceased sustained four gunshot wounds. Two bullets struck his chest, while another pierced his right shoulder. A fourth bullet entered through the ear and exited through the head.

Wamiti has denied the charges and maintains his innocence.

A pre-bail report presented before the Nyeri High Court on May 5 indicated that the accused has been serving in the National Police Service since 2009.

His most recent posting was in Mathira East Sub-County, where he had been stationed until the time of the incident.

According to the report, Wamiti’s superiors expressed shock at the murder charge, describing him as a disciplined and dependable officer with a strong professional record.

They noted that he had been entrusted with sensitive responsibilities, including serving as the officer in charge of the armory, a role typically reserved for officers of proven integrity.

The report further indicated that his superiors considered him one of the most reliable officers in handling critical security matters. They also stated that he was sober on the night of the incident.

However, his superiors revealed that plans were underway to transfer him from Mathira East Sub-County should he be released on bond, citing concerns that his immediate return to the area may not be appropriate under the circumstances.

The pre-bail assessment also established that there was no known prior relationship between the accused and the deceased before the incident.

During the assessment process, members of Gathu’s family raised concerns that the accused, being a police officer, could interfere with witnesses or intimidate those involved in the case.

They urged the court to consider these fears carefully before making a determination on bond.

However, the probation officer concluded that there were no compelling reasons to deny Wamiti bond, noting that the concerns raised by the family could be adequately addressed through strict court-imposed conditions.

In his ruling, Justice Magare acknowledged the concerns expressed by the victim’s family and assured them that the court would take their views into account as the case proceeds.

“Victims have expressed that they are still mourning and are seeking justice. These sentiments are noted and will be addressed in the course of the trial,” he said.

He reiterated that the conditions attached to the bond were sufficient to ensure that the accused does not interfere with witnesses and attends court as required.

The case is scheduled to be mentioned on June 9 for further directions.