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.
