The police officer who was arrested in connection to the tear gas explosion at the Azimio la Umoja One Kenya coalition political rally at Gusii Stadium was arraigned in court on Friday.
Josphat Makori was arraigned in a Kisumu court before Kisumu Chief magistrate Teresa Odera and was charged with the offence of attempting to injure by explosives.
However, Makori pleaded not guilty to the offence and requested the court to release him on a bond to seek medical attention for injuries he sustained when members of the public descended on him with blows and kicks.
He also asked to be released to allow him to go back and tend to his wife who is currently pregnant and is due anytime.
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“I was beaten and hurt, on the back and on my head,” Makori told the court.
The prosecution led by Maureen Odumba pleaded with the court to deny Makori a bond for fear of retribution.
Odumba said they feared for Makori’s safety and that is the reason he was not charged in Kisumu and not his Kisii workstation.
“Your honour, the suspect was rescued from a mob and that is why he is being charged in a Kisumu Court,” Odumba said.
Odera noted that even though a bond is a Constitutional right, it was the duty of the honourable court to ensure suspects are safe.
"Accused persons are generally entitled to bonds unless there is a compelling reason to deny them bond. The purpose of the bond is also to ensure that an accused person comes back to court," she said.
"The law is clear that one of the factors to be considered is whether the accused person will be safe. At this stage, the prosecution has shown that the safety of the accused person is not guaranteed if he is released on bond. I will therefore order that he be remanded for ten days for his own security."
The magistrate also confirmed Makori was treated at the Kisumu County Referral Hospital and remanded him at the Kisumu Railways Police Station until July 11, 2022, when the court will give directions in the case.
The case will be heard on July 26, 2022.
Makori was accused of lobbing a tear gas canister at the Azimio coalition rally just when the party’s presidential running mate Martha Karua was about to take to the podium and address the crowd.
Karua was rushed off the podium and into her car without addressing the immense crowd of Azimio supporters who scampered after gathering at the venue for hours, waiting for her arrival.
