Pangani-based Sergeant officer Rashid Ahmed on Thursday, December 8 failed to appear in court.
His lawyer Dunstan Omari told the court the officer has been unwell and was admitted at Madina Hospital in Eastleigh since December 5.
Omari also said the officer has not been personally served with a summons on December 8, justice Kanyi Kimondo deferred a plea taking in the matter to January 26, 2023.
The court has directed that Rashid table in court a medical report showing that he was hospitalized.
Omari says they will provide medical records to prove the same.
The prosecution through state counsel Wangui Gichuhi said they served the police Inspector General’s office with the summons so that they can effect it.
Kimondo asked if the IG has responded to the DPP on the status of the summons to Rashid.
Wangui said they are yet to get any response from the IG’s office.
On November 24, the Independent Policing Oversight Authority (IPOA) said Sergeant Rashid Ahmed will take a plea on December 8 after the conclusion of investigations into the deaths of Jamal Mohamed and Mohamed Dahir Kheri following a shooting that occurred at Eastleigh, on March 31, 2017, and established that the fatalities were occasioned by police action.
The ODPP also upheld IPOA’s findings that there is sufficient evidence to charge Rashid with murder.
However, Rashid on Wednesday filed an application to stop IPOA and ODPP from arraigning him to take a plea on December 8, on the murder charges.
