Ruiru Base Commander Samir Adhumab Yunus has been charged with raping a policewoman at Dandora Police Station three years ago.
Yunus is accused of raping the policewoman, whose name was withheld for legal reasons, when he was the Officer Commanding Dandora Police Station.
However, Yunus denied the offence before Milimani Chief Magistrate Wendy Kagendo and his lawyer David Ayuo applied for him to be released in reasonable bond terms arguing that he is a senior police officer who is in service.
The officer had been out on a Ksh10,000 police bond.
“I urge this court to free the suspect who is a senior police officer to go back and continue with his duty of protecting property and Kenyans,” Ayuo said.
The lawyer told the court that the officer will not interfere with witnesses in the matter since he knows the consequences.
The prosecution through Anderson Gikunda did not oppose his release on bond.
Earlier, lawyer Ayuo had applied to have the plea taking differed for seven days to enable the top cop to prosecute a constitutional petition prohibiting his prosecution in the matter.
Gikunda opposed the deferral saying there were no orders stopping the state from prosecuting the senior police officer over the rape allegations.
“There are no orders stopping this court from taking a plea in the matter and therefore l urge this court to proceed to read the charge as drafted by the DPP. The accused has not shown that the charge is defective,” Gikunda said.
In her ruling, the magistrate overruled the defence stating that the court will lay down its tools when they obtain the High Court orders barring the prosecution.
Kagendo proceeded to direct the Ruiru base command and former Kamukunji DCIO to plead the charge as drafted.
After denying the charge, Kagendo freed him on a Ksh500,000 bond with an alternative of Ksh200,000.
The case will be mentioned on December 22 for pre-trial.
