Allan Ochieng alias Hype Ballo, accused of the murder of DCI officer Felix Kintosi was released Wednesday on a Kshs 500,000 bond with a surety of a similar amount or an alternative cash bail of Kshs 500,000 by a Kiambu Law Court.
In her ruling, Lady Justice Dorah Chepkwony ordered the accused to attend all court sessions, report to DCI Kikuyu Sub-county on the first day of every month until the key witness testifies, and remain under the supervision of Kibera area chief until his case is finalized.
Case
The deceased DCI officer who was then attached to the Kabete Police Station died on March 21 from injuries allegedly sustained during a traffic rage encounter a week earlier.
The alleged assault happened on March 16 after the officer was involved in a non-injury traffic accident at around 4am within Kikuyu market.
Police said in their report Kelian did not identify himself as an officer during the incident.
Ballo had been in custody since his arrest on March 23, after the ODPP through prosecution counsel Jenifer Ndeda applied for his detention pending the completion of a social inquiry report by Probation and Aftercare.
Lady Justice Chepkwony while granting the bail terms ordered the accused to attend all court sessions and to report to DCI Kikuyu Subcounty on the first day of every month until the key witness testifies.
She also directed the accused to remain under the supervision of the Kibera area chief until the conclusion of his case.
This case will be mentioned on 22th May, 2024 for pretrial and scheduling of a hearing date.
Hype Ballo was arrested alongside six others, including DJ Joe Mfalme, in connection with Kelian’s death.
The others are Eric Kariuki Gathua, Simon Wambugu Wanjiru, Khadija Abdi Wako, Sammy Cheruiyot Rotich and Agnes Kerubo Mogoire.
The six were later released and truned into prosecution witnesses.
The exoneration of Joseph Mwenda Munoru, popularly known as Dj Joe Mfalme and six others in the murder of Felix Kelian Kintosi, a DCI officer attached to the Dagoretti Directorate of Criminal Investigation office and pinning Allan Ochieng, alias Hype Balo as the main suspect has been received with mixed reactions. The suspect’s lawyer has termed it a sham.
While it came as a relief to the freed suspects, it has raised many questions as to how the ODPP had narrowed down to one suspect from the six who had been alleged to have assaulted the deceased officer leading to his death from the complications.
The prosecution, led by PC. Michael Mutune stated that the investigations by the DCI when the seven were held in custody for 14 days were concluded and there was no enough evidence to charge Joseph Mwenda Munoru, Eric Kariuki Gathua, Simon Wambugu Wanjiru, Khadija Abdi Wako, Sammy Cheruyot Rotich and Agnes Kerubo Mogoi.
We’re unlikely to get justice
Speaking outside Kibera Law Courts on Monday, a representative of the family Jacqueline Koin, they expressed their disappointment with the DPP decision of freeing the co-suspects and turning them into state witnesses. She revealed that they had as a family spoke to Kelian hours before he died and he allegedly informed them he was beaten by more than one person.
“It’s important for people to know that our Felix didn’t die immediately, he was taken to the cell after being beaten and released to the hospital the next day. We spoke to him and we know for a fact because he talked to us that he was beaten by more than one person.” The representative said.
In her explanation, she claims the suspected officers didn’t assault the deceased but were present and witnessed the ordeal, “the person they’re saying is the main witness is only a worker of one of those freed,” she further claims that there’s a coverup, “there seem to be a lot being hidden, the officers were there and witnessed him being beaten, justice should be seen to be served by the court and ensure everyone involved in the death of our kin is brought to book. But from what we’ve seen, we’re unlikely to get justice.” She concluded.
The late police inspector Felix Kelian Kitosi.
This is a sham
Speaking on the matter, Hype Ballo’s lawyer, Otiende Omondi termed the DPP’s decision to freeing the six suspects and pinning his client as a sham, he alleges an elaborate conspiracy against Allan that was initiated onset to characterize Ballo as violent by mentioning him as a bouncer to DJ Joe Mfalme as opposed to him being his Hype man, “what has happened here in the court is a sham, there has been a social media campaign raised by the other respondents and the police at large. We raised the issue on 25th March when we had realized they characterized Ballo as a bouncer and not Hype Man, at that point they had skewed the investigations.” The lawyer said.
“Criminal Justice doesn’t begin in court. Many only come to court to cleanse those who’re culpable,” he said in disapproval of the acquittal.
“You’re being treated to a sham, you’re unlikely to get justice,” the lawyer said in address to the family of the deceased, “those who’re supposed to help the family get justice have already been released and turned into state witnesses.”
He further alleges that Ballo has been singled out because he’s poor, “Allan has been charged because of poverty, he comes from Kibera(slum), it mean if you don’t have money in this country, even investigations don’t stand with you.” Lawyer Otiende slammed.
Mfalme, speaking after the decision, expressed his relief, stating, “I am grateful for the outcome and for the faith that justice has been served. This has been a challenging time for all of us, and I appreciate the support we have received.”
What being turned into a state witness means
Being turned into a state witness means that DJ Joe Mfalme has now been cleared of any involvement in the murder of the police inspector and will now appear before the court as a prosecution witness and will testify against Allan Ochieng his former employer who worked for him as a master of ceremony.
What happened
DJ Joe Mfalme and his team last month on March 16 were performing at a busy club on Thika Road when they were picked up at night by police officers.
An altercation erupted after Kitosi’s vehicle scratched a car belonging to the DJ as he was leaving the car park.
The team then confronted the police officer, pulled him out of the car and allegedly assaulted him with kicks and punches.
They claim the officer was later taken to Kikuyu Police Station where he was assaulted by police officers while in custody.
His health deteriorated and he was rushed to Lang’ata Hospital before being transferred to Nairobi West Hospital where he died.
Who is Hype Ballo?
Allan Ochieng has been serving as DJ Joe’s official master of ceremony and he would travel with him everywhere to all his parties that he hosted. He also doubled up as a radio presenter for NRG Radio.
Ballo and Joe surrounded by beauties during the good times.
Ochieng will be arraigned before the Kiambu High Court on a charge of murder contrary to Section 203 read with Section 204 of the Penal Code.
The Director of Public Prosecutions has amended the charges in the murder of a DCI detective Felix Kelian Kitosi and where Joseph Mwenda aka DJ Joe Mfalme and five others have been freed and turned into state witnesses.
The DPP in a letter dated April 5, 2024, advised that the second to the seven respondents be witnesses in the case.
However, the DPP, through a letter dated April 8, 2024, wants the first respondent Allan Ochieng who served as his hype man to be charged with the murder of Kitosi.
Further, DJ’s lawyer wants the vehicle that was involved in the altercation belonging to him registration KBK 788N Volkswagen – held at Kabete police station be released to the owner.
DJ Joe Mfalme and his co-accused had spent 14 days in detention as the Directorate of Criminal Investigations (DCI) commenced investigations into the death of Inspector Kitosi.
A DCI officer Inspector Kelian Felix Ole Kintosi, who died following an altercation with DJ Joe Mfalme and his handlers was buried in his Kajiado rural home.
Kintos was buried in an emotional ceremony at his home in Kajiado County on April 2.
The burial was attended by officers from the National Police Service (NPS) and friends.
The suspects in the tragic incident, however, remain in police custody as investigations into the matter are concluded.
A court ruling on 25 March, directed that DJ Joe Mfalme, his hypeman, driver, and videographer, together with three other police officers, be detained for 14 days.
They are expected back in court next Monday, April 8, 2024.
The suspects are accused of causing bodily harm to the deceased after a non-injury accident in Kikuyu on the morning of 16 March.
Kelian died a week later. DJ Joe Mfalme and his crew were arrested hours after his death.
Family members of the deceased.
Police say they are ready to proceed with the case.
The prosecution told the court that they needed the days to gather sufficient evidence before preferring any charges against the suspects.
This will include recording relevant witness statements, obtaining treatment records from the hospital, obtaining CCTV footage of the crime scene, call data records of the seven, and arrest of another suspect who is still at large.
Those arraigned before the court are Allan Ochieng, Eric Gathua, Simon Wanjiru, Joseph Mwenda (Dj Joe Mfalme), and police officers Khadija Abdi Wako, Sammy Rotich, and Agnes Mogoi.
The prosecution told the court that preliminary investigations have revealed the deceased was involved in a slight noninjury accident while driving his car along Kikuyu Road.
He allegedly hit a vehicle with five occupants Allan, Eric, Simon, and DJ Joe Mfalme, and one more who is still at large.
Investigations officer Fredrick Kosen who is attached to DCI Dagoretti said what followed was an altercation that led to the deceased being beaten by Allan, Eric, Simon, and Dj Joe Mfalme.
The accident scene was allegedly visited by Abdi.
Abdi had been assigned as the duty officer at Kikuyu police station to respond to traffic incidents on the night of March 16.
The officer allegedly found the deceased being beaten by Allan, Eric, and DJ Joe Mfalme.
The officer said the deceased was frogged and marched to Kikuyu police station by Allan, Eric, Simon, and DJ Joe Mfalme.
It was there that he started complaining of abdominal pain. He was also urinating blood.
Sammy Rotich and Agnes Mogoi on the other hand were on duty at the station that day.
They received the deceased who was complaining of injuries and they witnessed the deceased urinating blood.
The investigation team said the deceased left for home but the abdominal pains worsened. He was rushed to Langata Hospital and later to Nairobi West Hospital.
“But he passed on March 21 while undergoing treatment. From then on investigations commenced and officers managed to arrest the suspects,” said the detective.
A doctor’s report indicated that the deceased suffered blunt abdominal trauma and traumatic bladder injury.
Detectives probing the death of Dagoretti Deputy DCIO Inspector Felix Kintosi have been allowed to detain seven people among them a popular DJ and three police officers.
A Kibera court allowed the application by the investigating officer to detain Allan Ochieng, Eric Gathua, Simon Wanjiru and Joseph Mwenda also known as DJ Joe Mfalme.
Also to remain behind bars as detectives complete the probe as Khadija Abdi Wako, Sammy Rotich and Agnes Mogoi, who are police officers attached to Kikuyu Police station.
DJ Joe Mfalme will be detained at Kabete Police Station, Allan Ochieng, Eric Kariuki Gathua, and Simon Wambugu Wanjiru at Muthangari Police Station, while Khadija Abdi Wako, Sammy Cheruyot Rotich and Agnes Kerubo Mogoi who are police officers, will be detained at Riruta Police Station.
This matter will be mentioned on 8th of April for further directions.
The court heard that preliminary investigations revealed that Kintosi had been involved in a slight non-injury accident while driving his Subaru forester KBM 233J, near Kikuyu police station.
The officer’s vehicle was involved in the slight accident with KDK 7**N which had five occupants including the DJ.
An altercation ensued and Kintosi was beaten and Khadija, a traffic police officer responded and took him to Kikuyu police station.
But as he was being taken away, Kintosi allegedly complained of abdominal pain and that he was passing blood as he urinated.
At the desk were Rotich and Agnes who later released him.
His situation worsened and was rushed to Nairobi West Hospital where he was admitted.
He died on March 21, 2024.
The investigator told the court there is a very high likelihood that the suspects would interfere with investigations, if released on bond.
“It is fair and just for this Court to grant the orders prayed so that the investigating officer may gather sufficient evidence on this matter including recording relevant witnesses statements, obtain treatment record from the hospital, obtain CCTV footage of the crime scene, call data records of the respondents, arrest of another suspect who is still at large, take the respondents to Mama Lucy Hospital for mental assessment and forward investigation file to Director of Public Prosecution, “, IO told the court.
The court informed that although seven people had been arrested, one was still at large.
Then investigating officer added that he was yet to record statements from potential witnesses, obtain CCTV footage from the scene among other evidence.
DJ Joe Mfalme whose real name is Joseph Mwenda, finds himself in the middle of a case where Kabete Deputy Director of Criminal Investigations Felix Kiliani Kilosi lost his life.
The DJ was on Friday arrested alongside his crew and three other traffic police officers; Corporal Khadija Abdi Wako, Constable Sammy Rotich Cherono and Constable Agnes Kerubo Mugo who were allegedly involved in an altercation leading to the officer’s death.
The seven are currently being held at Muthangari police station where they have since recorded their statements.l awaiting arraignment on Monday.
The officer was reported dead on Friday evening by his brother Reinhard Kitosi who told DCI Detectives based at Dagoretti that he succumbed while undergoing treatment at Nairobi West Hospital.
“Preliminary investigations reveal that he was assaulted by known persons after an altercation over the non-injury road traffic accident,” the OB report stated.
According to him, the brother had been involved in a non-injury traffic accident within Kikuyu market near Kikuyu police station on March 16 at about 4 am after which he complained of abdominal pains and sought treatment in Lang’ata before he was referred to Nairobi West Hospital.
What happened
Troubles started for the DJ on March 15, 2025 at Club Texas in Kiambu County where he had hosted a show.
According to a police report filed at Riruta police station on March 23, 2024, the DJ and his crew left the club around 3 am on Saturday.
Kitosi while leaving the parking lot in the company of a female passenger, accidentally rear ended Joe’s car, it is then than an altercation erupted.
The slain officer Felix Kiliani Kilosi.
DJ Joe then called the Texas Club security for help, and the emergency call was routed to Kikuyu police station, where officers were dispatched to the scene. It is in the parking lot where it is claimed that the DJ and his company; Mr Allan Ochieng alias Ballo, his bouncer Eric Kariuki Gathua alias Ricco and his driver Simon Wambugu assaulted and injured the officer before the police arrived.
The officers, are reported to have sided with the DJ, arrested the senior officer (who by then had not identified himself as a cop) and took him to Kikuyu police station where he was released without being booked after they realized that they had not only arrested a fellow officer but a senior ranked detective.
The family has claimed to the media that Kitosi was allegedly assaulted by police officers while in custody and couldn’t pass urine.
His health deteriorated and he was rushed to Lang’ata Hospital before being transferred to Nairobi West Hospital where he died last Thursday.
A report from the hospital said the deceased had complained of severe abdominal pain from the alleged assault and was unable to urinate for about four hours.
It was then that doctors performed a catheterisation – a procedure in which a tube is inserted into the urethra to help urine pass.
Following the detective’s death, the police rounded up the DJ and his crew consisting of a Master of Ceremony, a bouncer, driver and a photographer together with the three police officers who responded to the accident scene.
All seven are now being held at Muthangari Police Station awaiting arraignment in court on Monday, March 25 2024.
Disputed autopsy reports
An autopsy was conducted on Saturday by the government pathologist Peter Ndegwa and it was found that the deceased had died of pancreatic problems an underlying condition which he had.
However, the family disputed the results and requested for a second autopsy to be conducted by independent pathologists to ascertain the cause as they believe the officer died of complications from the assault.
A second post-mortem done by a police pathologist showed that he died of sudden cardiovascular collapse and blunt abdominal trauma, with a final diagnosis showing the cause as blunt abdominal trauma and traumatic injury to the bladder.
”Clinical summary shows he came with severe abdominal pain following assault two days prior to presentation. Referral from Langata Hospital dated medical report 16/3/2024 shows assault by people unknown to him. Was kicked in the abdomen severally , no associated vomiting. Normal bowel mentions. Initially unable to pass urine for around four hour by time of arrival to hospital… and passed blood stained urine,’’ a report compiled by Nairobi West Hospital by doctor Esther Mwinzi that Nation has seen shows.
Both the family of the deceased and DJ Joe Mfalme have requested additional post-mortem exams to conclusively show what killed Kitosi.
Meanwhile, the DJ through his team has released a statement seen by Kenya Insights saying he is fully innocent and confident of the truth coming out, “DJ Joe Mfalme and his team have been in close collaboration with the investigative agencies since the occurrence of the incident, fully committed to participating in the investigative procedure and will continue to extend their cooperation as may be required.” Reads the statement.
“We place our trust in God Almighty in particular and the authorities in general to conduct a comprehensive and transparent investigation aimed at uncovering the truth.”
Who is DJ Joe Mfalme
Born Joseph Mwenda in 9th of December 1987, DJ Joe Mfalme is one of the top ranked DJs in the country.
interest in spinning began in his teens, inspired by the likes of DJ Pinye. His breakthrough came in 2008 when he entered the Pilsner Mfalme DJ Competition and came second.
