A nine-year wait for the conclusion of Ahmed Rashid’s murder case has been extended after the High Court postponed his trial to give room to the ongoing proceedings in the Tob Cohen murder case.
The former Pangani police officer was due to continue with his hearing on Tuesday, September 29, 2026, but Judge Diana Rachel Kavedza-Mochache said the court could not take up the matter because the Cohen trial was still taking up substantial time at the Kibera Law Courts.
The judge said the court had to ensure that the different cases before it were handled without compromising the rights of the accused persons.
"I cannot do an injustice to do a justice," Justice Kavedza stated, explaining that rushing through Rashid’s hearing while managing the complex Cohen case would compromise the judicial process.
The Office of the Director of Public Prosecutions, represented by Senior State Counsel Wangui Timoi, had sought to proceed with two witnesses in the Cohen case.
However, after examining the proceedings, Justice Kavedza noted that the Cohen trial has 43 witnesses listed, with the 10th witness currently testifying.
The judge also pointed to the different circumstances of the two cases, noting that Sarah remains in custody while Rashid is out on bond. She directed that the older Cohen matter should continue first in an effort to bring its prosecution to a close.
Rashid’s case is now nearing the end of the prosecution stage, with only one witness left. The court directed that the matter be mentioned on October 26 for a date to be fixed for the final hearing.
The case relates to the deaths of teenagers Jamal Mohamed, 16, and Mohamed Dahir Kheri in Eastleigh on March 31, 2017.
The incident attracted widespread attention after phone and surveillance recordings emerged showing a plainclothes police officer shooting a wounded youth at close range on the street.
Other footage showed an officer in a red T-shirt pursuing suspects near Amal Shopping Complex before shooting one youth and firing repeatedly at another teenager who was already injured.
Rashid was charged in April 2023 and denied the murder allegations. So far, 21 prosecution witnesses have appeared before the court.
The prosecution’s final witness is expected to be the lead investigating officer from the Independent Policing Oversight Authority.
IPOA completed its investigation in 2022 and found that the deaths "were occasioned by police action," before recommending murder charges.
The trial has included testimony on the handling and examination of firearm evidence. Senior firearm examiner Commissioner Lawrence Nthiwa told the court that he could not conclusively match Exhibit PA2 to the bullets recovered from the scene because of the extent of the damage to the bullets.
Defence lawyer Danstan Omari also raised questions over photographs taken at the scene, pointing out the absence of embedded timestamps. He questioned why the officer-in-charge at Pangani Police Station retained key exhibits instead of handing them over to the court.
The case has also faced difficulties in securing witnesses. In February 2026, two of the three witnesses scheduled to appear failed to attend court.
Benna Buluma, convener of the Mothers of Victims and Survivors Network, said witnesses sometimes stay away because they fear being followed or threatened by police officers.
Jamal’s grandfather, Ramadan Karani, travelled from Tana River County to identify the teenager’s body and later gave evidence during the trial.
Amnesty Kenya has maintained that the families of the two teenagers should be allowed to establish the circumstances surrounding their deaths.