Police officer who lobbed teargas at Karua's Azimio rally charged with 'attempting to injure by explosive'

Police constable Josephat Makori who is accused of lobbing a teargas canister at an Azimio la Umoja rally attended by Martha Karua in Kisii on Thursday has been arraigned and charged in a Kisumu law court.

Appearing before Kisumu Chief Magistrate Teresa Odera on Thursday, the accused was charged with attempting to injure by explosive. He pleaded not guilty.

Chief Magistrate Odera however ordered that Makori be remanded at the Railways police station for 10 days citing his own safety.

In her ruling, the magistrate said that the prosecution team, led by Maureen Odumbe, had convinced her beyond doubt that releasing the accused on bond would endanger his life since he was allegedly rescued from a mob that was out to lynch him after the incident transpired.

The prosecution likewise argued that Makori's safety might be compromised since the incident happened in his home county where he is well known by residents.

"Accused persons are generally entitled to bonds unless there is a compelling reason to deny them bond. The purpose of the bond is also to ensure that an accused person comes back to court," she said.

"The law is clear that one of the factors to be considered is whether the accused person will be safe. At this stage, the prosecution has shown that the safety of the accused person is not guaranteed if he is released on bond. I will therefore order that he be remanded for ten days for his own security."

In mitigation, Makori told the court that he needed to be released on bond so as to attend to his expectant wife but admitted that he was injured during the incident and had received treatment at the Kisumu County Referral Hospital.

The matter will be mentioned on July 111 while the hearing date has been set for July 26.