Klinzy Barasa: Cop Accused of Killing Mask Vendor Seeks Bail, Cites Wife's Threats to Leave Him
- Police officer Klinzy Barasa, accused of killing a street hawker, is pushing to be freed on bail, citing hardship for his young family
- He argued that his detention has left his wife overwhelmed, his children missing school, and his ailing mother without support
- The High Court will rule on the application in September, with IPOA strongly opposing his release
TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
A bail plea by police constable Klinzy Barasa has set the stage for a heated legal battle, with his family’s struggles and the state’s push for justice clashing in court.
Source: Original
Barasa, attached to Kayole Police Station, was charged with murdering mask hawker Boniface Mwangi Kariuki, who was shot at close range.
Through a certificate of urgency filed at the Milimani High Court, Barasa asked to be freed on bail pending his trial, insisting the charge is bailable under Kenyan law.
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In his affidavit, Barasa described himself as the sole breadwinner for his wife, two young children, and a sickly mother.
Did Klinzy Barasa's wife threaten to leave him?
He told the court that since his arrest, his family has been struggling to survive, with his children frequently missing school due to a lack of fees.
His wife, who is not formally employed, is said to be unable to keep up with rent and food, and has threatened to leave him under the mounting pressure.
“My family has been living from hand to mouth. The strain is threatening to break us apart and will affect my children and my mother, who relies on me for urgent medical attention,” the officer said in court papers.
“That unless bail is granted, the accused person’s children’s lives and that of his mother will be utterly destroyed, and justice will not be seen to have been done if the lives of the two young children and his entire dependent family are destroyed,” he added.
His defence team, led by lawyer Vincent Yegon, argued that under Article 49 (1) (h) of the Constitution, Baraza is entitled to bail on reasonable terms.
They maintained that he is not a flight risk since he has permanent residences in Kayole and Bungoma.
The lawyers further assured the court that Barasa would comply with all conditions imposed and attend trial without fail.
Why did IPOA oppose Barasa's release on bail?
The Independent Policing Oversight Authority (IPOA), however, opposed the bail plea.
In an affidavit sworn by Assistant Director of Investigations Sarah Mwea, the authority asked the court to keep Barasa in custody, though the specific reasons for its opposition were not detailed in the application documents.
Lady Justice Margaret Muigai directed both sides to file written submissions before September 16, when she will deliver her ruling on whether the officer will remain in custody or be released on bail.
Source: Instagram
Did Barasa plead guilty?
In July, TUKO.co.ke reported that Barasa appeared at the Milimani Law Courts to answer to the murder charges, where he entered a plea of not guilty before Justice Kanyi Kimondo.
Barasa’s defence team requested bail, arguing that he was not a flight risk and would comply with court orders. His lawyers said he was ready to cooperate with the judicial process.
The prosecution urged the court to deny bail, pointing to the seriousness of the offence and possible risks to witnesses.
Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
