The High Court in Eldoret has ordered the arrest of a DCI officer specializing in cybercrime, Daniel Kieni, for allegedly withholding crucial evidence in a murder case involving a lawyer accused of killing a colleague. Kieni was expected to present CCTV footage as key evidence but has repeatedly failed to appear in court despite being summoned.
The case involves lawyer Abel Mogaka, who is accused of killing his colleague Calvin Ngaira during a three-day house party in Eldoret town. It is alleged that during a commotion at the party, Mogaka used a broken beer bottle to stab Ngaira. The incident occurred on May 18, 2019, at a house in the Annex area along the Eldoret-Nakuru highway in Uasin Gishu County.
Justice Robert Wananda, who is presiding over the case, described Kieni's behavior as "strange," noting that it had delayed the case's conclusion. "Despite being summoned and promising to appear, the officer has neither appeared physically nor virtually and no sufficient explanation has been given," Justice Wananda stated.
The judge expressed concern over the actions of the officer and issued a warrant for Kieni's arrest, directing the officer in charge of the cybercrime unit at DCI headquarters in Nairobi to carry out the arrest. Justice Wananda lamented that such behavior among officers contributes to delays in many court cases.
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"A warrant of arrest is hereby issued against the cybercrime officer, Inspector Daniel Kieni of the cybercrime unit DCI Nairobi. The warrant is to be executed by officers in charge of the cybercrime unit DCI Nairobi," ordered Justice Wananda.
During the proceedings, a primary school teacher, Kelvin Odhiambo, testified about the last moments he spent with the deceased. He recounted that the party was organized by an advocate who invited several friends, including the accused and the deceased. "We partied overnight with drinks and food as some of us watched English Premier League matches on TV," Odhiambo recalled.
Around 5:30 am, Ngaira and a woman stepped outside, followed by Mogaka, who was holding a glass of beer. The altercation that led to the stabbing allegedly occurred outside the house. Ngaira, the only son of Hesbon Ngaira, the chief principal at Hill School in Eldoret, later died in a hospital.
Mogaka has denied the charges and is out on a Sh1 million bond with a similar surety. The murder case is scheduled for mention on October 18, 2024.
