A Nairobi High Court has deferred its decision on the bail application of Constable Klinzy Masinde Barasa, who is facing a murder charge. The officer, attached to Kayole Police Station, is accused of fatally shooting Boniface Mwangi Kariuki, a mask hawker, outside Imenti House in Nairobi’s Central Business District during protests on June 17, 2025.
Constable Barasa was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, an offence he pleaded not guilty to in July. He now seeks to be released on bail or bond pending trial, arguing that he is the sole breadwinner for his family.
In his application, Barasa says his continued detention has left his wife and two children struggling to survive, with the family depending entirely on him before his arrest. He notes that his children have been unable to attend school consistently due to financial challenges, while his wife, who is unemployed, has threatened to leave because of the heavy burden of providing for the household. Barasa further highlights that his elderly and sickly mother, who requires constant care, has suffered since he was detained.
The officer warns that the collapse of his family unit would have devastating consequences for his children, who risk dropping out of school and facing neglect. He urges the court to consider his personal circumstances and grant him bail to continue supporting his dependents as he faces trial.
However, the court held off on making a ruling after the victim’s mother, Susan Njeri Kariuki, filed an application seeking to be included in the trial proceedings. She is requesting permission for her legal team to actively participate in the case by making oral and written submissions, presenting a victim impact statement, cross-examining witnesses, and adducing additional evidence where necessary.
Njeri argues that the victim’s family deserves an opportunity to have their interests represented throughout the case, in line with the rights of victims under Kenyan law. Her legal team has also filed a preliminary objection, which must be served to all parties before the matter progresses.
Justice Margaret Muigai directed that responses to the objection be filed and served before the next mention of the case, scheduled for October 6, 2025. The court will then give further directions on both the bail application and the participation of the victim’s family in the proceedings.
