Cop accused of killing mask hawker to remain in Nairobi Remand until November 4
By Zipporah Ngwatu, October 22, 2025Police Constable Klinzy Masinde Baraza, attached to Kayole Police Station and accused of murdering a mask hawker, Boniface Mwangi Kariuki, on June 17, 2025, will continue to stay in remand until November 4, 2025.
Baraza was charged with the murder of Mwangi outside Imenti House in Nairobi Central Business District (CBD) during protests, contrary to section 203 as read with section 204 of the Penal Code.
On Tuesday, October 21, 2025, the court heard that the probation report was not yet ready; thus, it could not give a ruling date on the accused’s bail application.
The court had earlier set September 16, 2025, to rule on the application by Constable Klinzy, who is seeking to be released on bail pending the hearing and determination of his case.
Klinzy was charged with the murder of the mask vendor on July 28, 2025, an offence he pleaded not guilty to before Justice Kanyi Kimondo.
In his application for bail through lawyer Vincent Yegon, Baraza stated that he is constitutionally entitled to be released on bond or bail on reasonable conditions, pending his trial under Article 49 (1) (h) of the Constitution of Kenya.
Further, through a sworn affidavit, Klinzy states that he is the only breadwinner of his young family, which consists of a wife, two children, and an old mother who is sickly.
He reveals that since his arrest and detention, his family has been struggling to put food on the table since they solely depend on him, adding that his wife cannot do much since she is not in any formal employment.
Further, the application states that his two children who are school-going, have been in and out of school due to a lack of finances, and their mother cannot provide for their education single-handedly.
“For the period I have been in custody, my family has been living from hand to mouth, which is threatening the disintegration of my family, which will negatively impact most on the children and the sick, and my old mother,” part of the application read.
Constable Klinzy also stated that due to the constraints his wife is going through as a result of his detention, she has threatened to leave him, which will lead to him losing his young family.
“That raising two children and attending to other needs such as rent and food on her own without any form of employment has put a toll on my wife; she has threatened to leave, which will disintegrate the family and risk my children becoming delinquents,” part of the affidavit read.
However, according to the court documents, the Independent Policing Oversight Authority (IPOA), through an affidavit sworn by Assistant Director of Investigation Sarah Mwea, opposes the release of Baraza on bail or bond.
Lawyer Yegon also informed the court that they responded to the IPOA affidavit opposing his client’s release through a sworn affidavit by Klinzy, stating that the authority has not persuaded the court enough to deny him bail or bond.
“My lady, having been served with that affidavit by IPOA earlier, that is, on July 31, 2025, we responded. There is a replying affidavit by Kinzy Masinde Baraza, which has demonstrated that the IPOA affidavit has not persuaded this court in any way to deny him bail,” lawyer Yegon told the court.
The defence also states that there are no compelling reasons why the accused should be denied bail as required by the Constitution.
Further, they argue that, granted the bail, their client will cooperate and will not abscond and will attend all the proceedings whenever and wherever required.
He argued that the accused has fixed abodes in Kayole within Nairobi County and at Bungoma, and therefore, he is not a flight risk.
Lady Justice Margaret Muigai directed that the matter be mentioned on November 4, 2025, to confirm if the probation report will be ready by then for the court to set the bail ruling date.