Court defers Constable Klinzy Barasa’s bail ruling
By Zipporah Ngwatu, September 16, 2025A Nairobi High Court has deferred the ruling on Constable Klinzy Barasa’s application, where he is seeking to be released on bail or bond pending the hearing and determination of his murder case.
Klinzy, attached to Kayole Police Station, is accused of killing Boniface Mwangi Kariuki, a mask hawker, outside Imenti House in Nairobi Central Business District (CBD), 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 before Justice Kanyi Kimondo on July 28, 2025.
On Tuesday, September 16, 2025, Lady Justice Margaret Muigai noted that she had stayed the bail ruling after it emerged that Susan Njeri Kariuki, mother to the deceased, filed an application seeking to be included in the trial.
In her application, the deceased’s mother wants to actively participate in the case through her lawyer by asking questions about the murder of her late son.
“May the court be pleased to allow counsel for the applicant to actively represent and protect the interest of the applicant and her family by extension as victims of the offence of murder contrary to section 203 of the Penal Code presently being prosecuted before this court,” Susan Njeri states in her application.
“The court be pleased to allow active participation of counsel as legal representatives of the applicant and her family as victims of the offence of murder,” the deceased mother states.
Njeri also wants the court to allow her to make oral submissions, written submissions, and considerations of the court by the court via victim impact statement for consideration by the court and undertake any other activities that are necessary in advancing the interest of the victims, helping the court achieve a just determination.
Further, she urges the court in particular, to allow her lawyer to ask witnesses questions and adduce evidence that has been left out.
Notably, during the Tuesday proceedings, the court was informed that there was a preliminary objection (PO) that had been filed by the victim’s family legal team.
Justice Muigai directed the victim’s family legal team to serve the PO to all parties and in return, a response be filed in court and be served to all parties and counsels.
Klinzy is seeking to be released on bail or bond pending his trial on the grounds 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 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 the children and the sick and old mother,” part of the application read.
He also states 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 order on my wife; she has threatened to leave, which will disintegrate the family and risk my children becoming delinquents,” part of the affidavit read.
He also argues that his sickly and old mother, who requires urgent and timely attention, has and continues to suffer as a result of his detention, noting that he has been her main source of help.
The matter will be mentioned on October 6, 2025, for further directions on the bail and bond application and the issue of legal representation of victims.