Police Constable Klinzy Barasa Pleads Not Guilty in Murder of Street Vendor, Bond Hearing Set Amid Opposition

Police Constable Klinzy Masinde Barasa has pleaded not guilty to the charge of murdering street vendor Boniface Kariuki Mwangi, an incident that occurred on June 17, 2025, outside Imenti House in Nairobi’s central business district.

The plea was entered on July 28, following the submission of a mental assessment report that declared the accused fit to stand trial. The report, issued by government psychiatrist Dr. Priscila Makau on July 21, 2025, cleared the way for the court to formally proceed with the murder trial.

The Charges Against Klinzy Masinde Barasa

Barasa has been formally charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, a capital offence in Kenya that carries a maximum penalty of death upon conviction.

According to prosecution documents, Barasa is alleged to have fatally shot Boniface Kariuki Mwangi, a well-known street vendor, in what witnesses describe as a confrontation involving police and hawkers outside Imenti House—a popular commercial building in Nairobi.

Mental Fitness Report Clears Path for Trial

Barasa’s arraignment had been delayed pending a psychiatric evaluation to determine his fitness to plead. The assessment, conducted by Dr. Makau, found no evidence of mental incapacity, clearing the accused to take plea.

“The court is satisfied that the accused is mentally fit to stand trial,” ruled Justice Kanyi Kimondo, who is presiding over the case.

Following the report’s submission, the court proceeded to read the charges, and Barasa entered a plea of not guilty.

Defence Applies for Bail; Prosecution and Victim’s Family Oppose

During the same court session, Barasa’s defence counsel, led by Counsel Keeton, filed a request for release on bond pending trial. The application is standard procedure in criminal proceedings, as Kenyan law allows accused persons to apply for bail unless compelling reasons exist to deny it.

However, the prosecution strongly opposed the application. Representing the Republic, the prosecuting attorney told the court that they had filed an affidavit outlining specific reasons why Barasa should not be granted bond.

“The State has valid grounds to oppose bond in this case. An affidavit detailing these reasons has been duly filed,” the prosecution said.

Joining the prosecution, a lawyer representing the family of the deceased, led by prominent counsel Fred Ngatia, also voiced strong opposition to the bond application.

“The family of the deceased believes that releasing the accused on bond would undermine public confidence in the justice system and risk witness intimidation,” Ngatia told the court.

Both the prosecution and victims’ counsel have urged the court to deny the bond application, citing public interest, safety concerns, and the serious nature of the charges.

Timeline Set for Bond Hearing

In response to the bond application and subsequent opposition, Justice Kimondo directed all parties to adhere to a strict timeline for filing and responding to the bail submissions.

• The defence must file its formal written bond application within seven days.
• The Office of the Director of Public Prosecutions (ODPP) has been directed to respond within seven days upon receiving the defence application.
• Counsel for the victims’ family has also been granted seven days to submit written arguments opposing the bond.

The court has scheduled a virtual hearing for August 19, 2025, due to the upcoming judicial recess. The virtual format ensures that the case proceeds without unnecessary delay.

“Given the upcoming court recess, the hearing of the bail and bond applications shall proceed virtually on August 19, 2025,” ruled Justice Kimondo.

Public Reactions and Concerns Over Police Conduct

The fatal shooting of Boniface Kariuki Mwangi has drawn sharp criticism from human rights groups and the public, with calls for greater police accountability and reforms in the handling of street vendors and informal traders.

Mwangi, who had reportedly operated near Imenti House for over five years, was described as a peaceful vendor by fellow traders.

“Boniface was a hard-working man just trying to feed his family. We want justice,” said one of the vendors who witnessed the incident.

The case has been closely followed by advocacy groups such as Amnesty International Kenya, who are calling for an open and transparent trial to ensure that justice is served.

Legal Implications: A High-Stakes Case for Kenya’s Judiciary

Barasa’s trial presents a significant test for Kenya’s criminal justice system, particularly in how it handles alleged abuses by law enforcement officers. Cases involving police officers accused of extrajudicial killings have often ended in acquittals or delayed justice, raising concerns about accountability.

Legal experts say the court’s handling of the bond application—and ultimately the trial—will set an important precedent.

Dr. Kennedy Okello, a constitutional law expert at Kenyatta University, stated:

“If the court denies bond based on solid legal reasoning and proceeds swiftly with trial, it could reinforce public trust. However, prolonged delays or perceived bias could further alienate citizens from the legal process.”

What’s Next in the Case?

As the bond hearing date approaches, the legal teams on all sides are expected to finalize their filings in line with Justice Kimondo’s orders. Here’s what to expect:

• By August 4, 2025: Defence must submit a formal bail application.
• By August 11, 2025: ODPP and victims’ counsel must submit responses.
• August 19, 2025: Virtual hearing of the bail and bond application.

Meanwhile, Barasa remains in custody as he awaits the court’s decision on his potential release on bond.

Conclusion

The murder case against Police Constable Klinzy Masinde Barasa has entered a critical phase, with the court now preparing to decide whether he should be released on bond pending trial. With the prosecution, the victims’ family, and public opinion firmly against his release, the August 19 virtual hearing promises to be pivotal.

As Kenya grapples with persistent questions about police conduct and justice reform, this case may prove to be a litmus test for the effectiveness and impartiality of the country’s legal system.