Court closes file on PS bodyguard’s shooting case, awaits DPP directions

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A Makadara court has closed the investigation file of a police officer accused of fatally shooting youth mobiliser Cecil Ouma in Nairobi, pending directions from the Director of Public Prosecutions (DPP).

The court said the matter could not remain open indefinitely as investigators were yet to complete the process of forwarding the forensic report and investigation file to the Office of the Director of Public Prosecutions (ODPP).

Police officer Rashid Charo was arrested following the June 30 shooting of Mr Ouma in Kariokor during an event attended by Principal Secretary for Youth Affairs Fikirini Jacobs. Charo is the PS's bodyguard.

He was later released on a Sh20,000 bond as investigations continued.

During a virtual hearing on Wednesday, Magistrate James Juma Maiya faulted the investigating officer for misleading the court about the status of the case.

At the previous court session, held 10 days earlier, the officer had informed the court that the investigation file had already been forwarded to the DPP and that police were awaiting directions.

However, it emerged that the file was only submitted to the DPP on August 18, just one day before Wednesday’s hearing.

“The miscellaneous file is closed. IO (Investigating Officer) will wait for the ODPP directions accordingly, but for now the file is closed,” the magistrate ruled.

The closure of the file does not mark the end of the case. The spotlight now shifts to the DPP, who will review the forensic findings and investigation file before deciding whether any criminal charges should be brought against Mr Charo or any other persons implicated in the shooting.

Mr Charo’s lawyer, Cliff Ombeta, urged the court to allow his client to resume his duties, arguing that he had complied with all court requirements and attended proceedings whenever required.

“Until now, he has not been going on duty because he has to keep on monitoring the situation,” Mr Ombeta said.

Investigators have been relying heavily on forensic evidence to establish who fired the fatal shot. Police recovered two firearms from the bodyguards of a Principal Secretary and submitted them for ballistic analysis.

During the previous court appearance, investigators informed the court that the forensic results were ready and that the file would be forwarded to the ODPP for review and further action.

Mr Charo was among the individuals summoned to record statements, having been inside the vehicle from which the shot was allegedly fired.

A post-mortem examination conducted by pathologists representing both the government and Mr Ouma’s family concluded that the youth mobiliser died from a single gunshot wound to the chest.

The examination found that the bullet caused extensive internal injuries and massive bleeding in the chest cavity, leading to his death.

With the court file now closed, the next step in the matter rests with the DPP, whose decision will determine whether the investigations culminate in criminal prosecution.

Reporting originally appeared via Nation Africa. Read the full source for additional context.