The High Court has declined to grant bail to police officer Klinzy Baraza, citing compelling reasons linked to the gravity and circumstances of the case.
In a ruling delivered on Monday, February 9, the court held that the shooting incident was exceptional in nature and had already attracted widespread public attention.
The judge noted that the matter carried significant public interest, further strengthening the State’s opposition to bail.
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The court also took into account reports that the deceased’s family has allegedly faced harassment since the incident, including numerous unsolicited phone calls and messages.
In denying bail, the judge observed that Baraza’s position as a serving law enforcement officer could present risks to the integrity of the case. The court said his training, authority, and access to institutional networks within the police service created a real possibility of interference with witnesses or ongoing investigations.
Prosecutors had 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 submitted.
Although Baraza assured the court that he would comply with any conditions imposed, the judge found the assurances insufficient in light of 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.
The court consequently ordered that Baraza remain in custody pending the hearing and determination of the case.
Baraza is accused of fatally shooting Boniface Kariuki during protests in Nairobi’s Central Business District (CBD) on June 17, 2025.
Kariuki was reportedly shot amid demonstrations sparked by the death of blogger and teacher Albert Ojwang while in police custody. The victim was rushed to Kenyatta National Hospital, where he remained on life support for nearly two weeks before doctors informed his family that although his heart was still beating, his brain had ceased functioning.
Video footage from the scene, widely circulated online, showed two police officers confronting Kariuki before one allegedly shot the unarmed vendor at close range.
The case has continued to draw national attention, with lawyer Nelson Havi weighing in on the matter following the murder charge against Baraza. In a statement issued on July 11, 2025, Havi warned police officers about the personal consequences of actions taken in the line of duty, arguing that officers often face prosecution alone when incidents escalate.
The matter is set to proceed in court as investigations and trial preparations continue.