Detectives are investigating how a “false” probation report was used to secure the release of three murder suspects on bail in the high profile murder case of a senior chief in Marsabit.
Senior chief Bida Godana was stoned to death on December 16 during the funeral of police reservist Dako Kiso who had been shot dead the previous day. Mr Bika was accused, during the funeral, of “betraying” the Borana to Gabras and was chased, killed, and his body set ablaze using petrol from his official motorbike.
Also being investigated is whether there was connivance between officials from the county government of Marsabit, a prosecution officer and a senior judge.
What started as a murder trial might snowball into a full case-study on how to handle crime cases and the intrigues involved.
The matter might also trigger a new row between the Judiciary and DCI over the handling of the case, which has created tension.
“The probation report is false and therefore the bond terms are based on falsehood and fraud,” says the report dated January 4.
A probation report is prepared by a probation officer once a court gives an order for the report to be done. The report is supposed to contain background of the accused person or offender, the circumstances of the offence, previous criminal history, an assessment of the attitude of the offender towards the offence, an assessment of the attitude of the offender’s family, the victim and/or the community towards the offender and the offence.
The three suspects; former councillor Doyo Galgalo, Galma Galgalo and Bokaya Dida Boru were released on a cash bail of Sh300,000 and a mention date set for January 17. The trio had been arrested following an order, by Inspector-General Joseph Boinett, against “known” individuals who instigated the murder.
Investigators now say that a series of events in the matter indicate serious tampering with the case by both county government officials and the prosecution.
Investigators had on December 18 presented two of the suspects before Meru law courts for custodial orders and were asked to remand them at the Meru Police Station for seven days until December 24, 2018. The third suspect was arrested on December 19.