High Court to rule on Constable Baraza’s bail application
A Nairobi High Court has set September 16, 2025, to rule on the application by Police Constable Klinzy Masinde Baraza seeking to be released on bail pending the hearing and determination of his case.
Baraza, attached to Kayole Police Station, is accused of murdering a mask hawker, Boniface Mwangi Kariuki, on June 17, 2025, outside Imenti House in Nairobi Central Business District (CBD), during protests.
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The Constable was, on July 28, 2025, 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.
Appearing before Lady Justice Margaret Muigai on Tuesday, August 19, 2025, lawyer Vincent Yegon told the court that Baraza is constitutionally entitled under Article 49 (1) (h) of the Constitution of Kenya to be released on bond or bail on reasonable conditions, pending his trial.
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.
Additionally, they state that the accused has fixed abodes in Kayole within Nairobi County and at Bungoma, and therefore, he is not a flight risk.
Justice Muigai directed the lawyers representing all the parties in the case to file written submissions and set September 16, 2025, for ruling on the bail application.
“Parties through counsels file written submissions, and as you upload them on e-filing, give a physical copy to the DR Criminal Division, ruling date September 16, 2025,” Justice Muigai directed.
