The trial of Ahmed Rashid Hassan, a former Pangani police officer, has been postponed due to the ongoing proceedings in the Tob Cohen murder case at the Kibera Law Courts. Judge Diana Rachel Kavedza-Mochache stated that the court had to prioritize the Cohen case, which has 43 witnesses listed, with the 10th witness currently testifying. This decision was made to ensure that the judicial process is not compromised.
The Rashid case is nearing the end of the prosecution stage, with only one witness left to testify. The court has directed that the matter be mentioned on October 26 for a date to be fixed for the final hearing. The case relates to the deaths of teenagers Jamal Mohamed, 16, and Mohamed Dahir Kheri in Eastleigh on March 31, 2017. The incident drew widespread attention after footage emerged showing a plainclothes police officer shooting a wounded youth at close range.
The Office of the Director of Public Prosecutions, represented by Senior State Counsel Wangui Timoi, had sought to proceed with two witnesses in the Cohen case. However, Judge Kavedza noted that rushing through Rashid's hearing while managing the complex Cohen case would compromise the judicial process. The judge emphasized that she could not "do an injustice to do a justice" and therefore prioritized the Cohen case.
The Rashid case has faced difficulties in securing witnesses, with two of the three witnesses scheduled to appear failing to attend court in February 2026. Benna Buluma, convener of the Mothers of Victims and Survivors Network, stated that witnesses sometimes stay away due to fear of being followed or threatened by police officers. The case has also included testimony on the handling and examination of firearm evidence.
Senior firearm examiner Commissioner Lawrence Nthiwa testified that he could not conclusively match Exhibit PA2 to the bullets recovered from the scene due to the extent of the damage to the bullets. Defence lawyer Danstan Omari raised questions over photographs taken at the scene, pointing out the absence of embedded timestamps. He also questioned why the officer-in-charge at Pangani Police Station retained key exhibits instead of handing them over to the court.
The Independent Policing Oversight Authority (IPOA) completed its investigation in 2022 and found that the deaths "were occasioned by police action," recommending murder charges. The prosecution's final witness is expected to be the lead investigating officer from IPOA. Ahmed Rashid was charged in April 2023 and denied the murder allegations. So far, 21 prosecution witnesses have appeared before the court.
The postponement of the Rashid trial has extended the wait for the conclusion of the case, which has now been ongoing for nine years. The case has garnered significant attention from human rights groups, including Amnesty Kenya, which has maintained that the families of the two teenagers should be allowed to establish the circumstances surrounding their deaths. The next mention of the case is set for October 26.
Key points
- The trial of Ahmed Rashid Hassan has been postponed due to the ongoing proceedings in the Tob Cohen murder case.
- The Rashid case is nearing the end of the prosecution stage, with only one witness left to testify.
- The case has faced difficulties in securing witnesses, with some witnesses staying away due to fear of being followed or threatened by police officers.
