The murder case against former Pangani police officer Ahmed Rashid has been pushed forward after the High Court delayed proceedings to allow the court to reorganise its schedule and prepare for the final stage of the prosecution.
The matter was scheduled to proceed at the Kibera Law Courts on Tuesday but was unable to take off as the court was handling proceedings in the long-running Tob Cohen murder trial.
Justice Diana Rachel Kavedza-Mochache told the prosecution team, led by Senior State Counsel Wangui Timoi, to release the legal teams after determining that it would not be possible to proceed with Rashid’s case alongside the Cohen proceedings.
The judge stressed the need to ensure fairness in the handling of both matters, saying the court could not compromise justice in an attempt to expedite another case.
“I cannot do an injustice to do a justice,” Justice Kavedza said.
The court was informed that the prosecution in the Cohen case had sought to call two more witnesses. However, after reviewing the proceedings, the judge noted that the trial had reached its 10th witness out of a total of 43 listed witnesses.
Justice Kavedza further observed that Sarah remains in custody while Rashid is out on bond. She consequently directed that the Cohen matter, which has been pending for a considerable period, should be prioritised to facilitate its conclusion.
The Rashid case is now expected to return to court for mention on October 26, when a date for the final hearing will be fixed. The prosecution has only one remaining witness to testify.
The case dates back to March 31, 2017, following the deaths of teenagers Jamal Mohamed, aged 16, and Mohamed Dahir Kheri in Eastleigh.
The incident attracted national attention after phone and surveillance footage emerged appearing to show a plainclothes police officer shooting a wounded youth at close range. The footage triggered public concern and renewed calls for greater accountability within the police service.
