Blow to Officer in Hawker’s Death Case as Court Issues Bail Ruling

The High Court has rejected a bid by police officer Klinzy Baraza to be released on bail, citing compelling reasons tied to the nature of the case.

In its ruling delivered on Monday, February 9, the court said the circumstances of the shooting were exceptional and had already been widely publicised. 

The judge also took note of reports that the deceased’s family has been subjected to harassment, including numerous unsolicited phone calls and messages since the incident.

The court further considered Baraza’s position as a serving law enforcement officer, observing that his training, authority, and access to institutional networks could create a real possibility of interference with witnesses or the ongoing investigation. 

Prosecutors argued that releasing the accused at this stage could undermine witness protection, public order, and security.

"Given the accused’s training, access to firearms, and networks within law enforcement, there exists a real risk of witness interference," the prosecution said.

Although Baraza told the court he would comply with all conditions imposed, the judge found these assurances insufficient when weighed against the broader concerns raised by the State.

"While the court sympathises with the personal circumstances raised, they cannot supersede the broader interests of justice in this case," the judge ruled.

As a result, the court ordered that Baraza remain in custody as the case proceeds.

Baraza is alleged to have shot Kariuki on June 17, 2025, during protests in Nairobi Central Business District (CBD). 

The victim later died at Kenyatta National Hospital.

Kariuki was shot during protests over the death of blogger and teacher Albert Ojwang while in police custody.

Video footage from the scene showed two police officers manhandling Kariuki before one shot the unarmed vendor at close range.

Kariuki remained on life support for nearly two weeks before doctors informed his family that his heart was still beating, but his brain had ceased functioning.

In the wake of the incident, Lawyer Nelson Havi issued a warning to police officers after Baraza was slapped with murder charges.

In a statement on Friday, July 11, 2025, Havi highlighted the personal cost that officers often bear when the state disowns them after the damage is done.

"Let the prosecution and imprisonment of Klinzy Masinde be a lasting reminder to police officers that in the end, you pay the ultimate price of losing your liberty and life alone.

"The President, CS, PS, IG, Lagat and Bungei won’t be there. You will have an imbecile for a lawyer,” he said.