A police officer who allegedly shot at persons who surrounded him in Garissa Town in April 2026 killing one on the spot, has told a Milimani Law Court that the Director of Public Prosecutions (DPP) has not supplied him with all the evidence he requires to prepare his defence.
Constable Charles Ngulungu Kauwi cried foul when the case came up for hearing and a prosecuting counsel Virginia Kariuki sought adjournment to get reports from expert witnesses.
The adjournment plea met a lot of resistance from lawyer Morris Kimilu, who said Article 50 of the Constitution calls for expeditious disposal of cases and supply of all materials to facilitate fast tracking of criminal matters.
Arising from the vehement objection to adjournment, the trial magistrate Paul Mutai ordered the Director of Public Prosecutions (DPP) Renson Ingonga to supply the police officer charged with killing a Garissa town taxi driver with all the evidence he intends to rely on in the case.
Milimani Senior Principal Magistrate Paul Mutai ordered the DPP to furnish the evidence to PC Charles Ngulungu Kauwi within 14 days.
Protesting bitterly that the DPP is delaying the disposal of the manslaughter case, defence lawyer Morris Kimuli said the accused “has been disenfranchised by the ineptitude of the prosecution to supply him with all the evidence to prepare his defence.”
Mr Kimuli asked the magistrate to admonish the DPP for violating the rights of the accused person under Article 50 of the Constitution which requires a suspect to be tried within a reasonable time.
The defense said when the accused was arrested, he was detained for many days to pave way for the intense investigations since the killing of Adan Mohammed Hassan, the “only son of a cattle herder Mohamed Hassan” sparked multiple demonstrations in Garissa town.
“The accused herein has been denied bond as the prosecution claimed that he will interfere with witnesses given that he had been serving the area for a long time as a law enforcer and was therefore known to many people some of whom are the witnesses lined up by the DPP,” Mr Kimuli submitted.
The defense vehemently opposed the request by the prosecution to adjourn the case that was scheduled for trial on July 21, 2026.
Four witnesses had been lined up but only one testified saying he reported the killing of Adan at 2am on April 21, 2026, when PC Kauwi opened fire on the deceased who was in the company of others.
Applying for adjournment, Ms Kariuki said she had not received the triangulation and the forensic reports from the expert witnesses.
In his ruling, the magistrate noted that the accused has been denied bond and expeditious trial is necessary.
Mr Mutai however put off the trial to August 13, 2026, saying it was the first adjournment plea to be made by the prosecution.
When Ali Hassan Omar testified on July 21, 2026, he said he received a call at 2:45am and told his nephew had been shot by the police officer.
He dashed to the scene and found the deceased lying in a pool of blood.
Asked by Mr Kimuli whether he reported the incident, he answered in the affirmative, adding the father of the deceased also reported at Garissa Police Station.
PC Kauwi, who has denied killing Adan unlawfully, was charged 40 days after the shooting of the taxi driver.
Dismissing PC Kauwi’s plea for bond, the trial magistrate ruled the accused would interfere with witnesses.
Mr Mutai upheld the objection by the prosecution to deny the accused bond on grounds that he wielded a lot of influence having worked in Garissa for the last seven years.
The magistrate concurred with the investigating officer Mr Justin Nyatete of IPOA that the character of the accused has betrayed and jeopardized his right to being granted bond after he deserted duty.
“After analyzing all the material placed before me and the submissions by the defense and the prosecution, this court finds that the accused may not turn up for trial once admitted to bond,” the court ruled.
The magistrate, further observed that the safety of the accused is not guaranteed arising from public outcry and demonstrations which rocked Garissa Township following the shooting.
PC Kauwi has denied that on April 21, 2026, at Modika Area within Garissa County, he unlawfully caused the death of Adan Mohamed Hassan.
Ms Kariuki vehemently opposed the bail plea saying the fatal shooting of Adan sparked demonstrations with politicians led by Garissa Woman Representative Amina Udgoon Siyad, Members of County Assembly (MCAs), rights activists and youth protesting and “demanding justice for the deceased.”
The prosecuting counsel told the court that the accused went into hiding after the killing of the taxi driver.
“There are compelling reasons which warrant bail denial. The accused went into hiding after the incident,” Ms Kariuki submitted.
The magistrate heard the offence attracts a life term in prison upon conviction.
PC Kauwi popularly known in Garissa as “Papa Chali” is being detained at the Industrial Prison until further orders from the court.
