Four police officers were on Thursday directed to provide food and basic supplies for remandees and courtroom attendees after they failed to appear in court to testify in a murder case involving former police officer Ahmed Rashid.

The order, issued by Justice Diana Kavedza at the Kibera High Court, was given in place of the usual penalties for contempt of court, as only one of six officers summoned showed up for the hearing.

One officer had been excused, but the other four were found in contempt for skipping the session.

Instead of the standard three-month jail term or a ten-thousand-shilling fine, Justice Kavedza imposed a symbolic sentence.

“That is the punishment you pay for not attending court. You have to buy, before I let you free, one bread, one bar soap, a packet of milk, a toothbrush and toothpaste for remandees, and the rest for those present in court,” she ruled, drawing laughter and quiet approval from those in the courtroom.

Those who had arrived without any items later walked out carrying the required goods.

The judge’s unusual decision brought a moment of warmth to an otherwise tense and lengthy legal process, highlighting the often-neglected needs of those held in custody during drawn-out court proceedings.

Meanwhile, the court has summoned Nation Media Group journalists Cynthia Makena and Nicholas Njoroge to appear on August 18 over a news article they published.

The story alleged that a witness had directly identified Rashid as the officer who shot a victim who was allegedly handcuffed at the time.

Justice Kavedza criticised the article for distorting what was actually said in court, stating, “The proceedings have been typed, but you do not need to look at them. I know that is not what transpired.” Prosecutor Moy also told the court the article misrepresented the testimony, prompting defence lawyer Danstan Omari to accuse the publication of fuelling public bias.

“That information was aimed at making the public believe that Ahmed Rashid shot somebody while handcuffed, so that when the judge finds him innocent, the public will say justice ignored the facts,” Omari said.

In a rare move, Chief Justice Martha Koome has approved a request for the trial to continue during the judicial recess in an effort to speed up the case, which has now taken nine years.

“We will resume on the 21st and hear all witnesses within four days. The Chief Justice has given me powers to work during recess; this case has taken too long,” Justice Kavedza said.

Ahmed Rashid, once part of the Starehe SPIV unit—also known as the Pangani Six—is facing charges of killing Jamal Mohammed and Mohammed Dahir Kheri on March 31, 2017, outside Amal Shopping Complex in Eastleigh, Nairobi.

Earlier in the week, the court was shown video footage of the killings.

It was presented by Frederick Gichuki, a technical officer at the Directorate of Criminal Investigations (DCI), who said the images showed a man in a red T-shirt believed to be Rashid shooting one of the victims, whose hands appeared to be tied.

Gichuki told the court that intelligence reports had warned of a planned robbery by suspected Gaza gang members who were heading from Kayole to Eastleigh.

Undercover officers were sent to track and apprehend the suspects. “At around noon, some of the suspects had already reached Eastleigh,” he testified.

One video clip showed an armed man chasing another before shots rang out and the latter collapsed. Another showed a man being handed over to someone in a red T-shirt.

“The person who was chasing the first individual and the one in red appear to be the same,” Gichuki told the court.

He added that the same man slapped the person on the ground before drawing a pistol and firing.

“In the clip, the man in red is seen holding what appears to be a pistol, and moments later, he pointed the pistol downwards and fired,” he testified.

The victims were later identified as Jamal Mohammed and Mohammed Dahir Kheri. The trial is set to resume on August 21, with 21 witnesses scheduled to testify in the coming sessions.