Court remands six officers charged with murder of Embu brothers
The six police officers, accused of killing two Embu brothers, when they appeared at the Milimani courthouse on September 2, 2021. They were remanded until September 22 when they will take plea.
Six police officers have been charged with the murder of two Embu brothers after their concerted efforts to block their prosecution hit a snag.
High Court Judge Daniel Ogembo Thursday dismissed two applications by the six officers who were pressing for an inquest to establish the cause of the deaths of Benson Njiru Ndwiga, 22, and Emmanuel Mutura Ndwiga, 19, on the night of August 1 and 2, 2021.
The six withdrew another application filed at the Judicial Review and Constitutional Division through lawyer Danstan Omari seeking a declaration that their rights were violated by the decision of the Director of Public Prosecutions (DPP) to charge them with murder.
Justice Weldon Korir, who heard the application, referred the case to Justice Ogembo for plea taking.
At the first instance before Justice Ogembo, Mr Omari asked the court to invoke the provisions of Sections 276, 386 and 387 of the of the Criminal Procedure Code to halt the murder case and then order an inquest.
Plea opposed
That plea met stiff opposition from State Prosecutor Jacinta Nyamosi and the President of the Law Society of Kenya (LSK) Nelson Havi who insisted that the court process was being ridiculed.
Mr Havi told the court that he will commence disciplinary proceedings against the 10 defence lawyers in the Kianjokoma six case over their conduct and manner in which they have prosecuted it.
Justice Ogembo overruled the objection by the Kianjokoma six and ordered them to plead to the murder charges preferred against them.
The judge said the killing of the two brothers is matter of great public interest.
But he allowed the six to appeal against his ruling.
The six, corporals Benson Mbuthia Mabuuri and Consolata Njeri Kariuki and police constables Martin Musamali Wanyama, Nicholas Sang Cheruiyot, Lilian Cherono Chemuna and James Mwaniki Njohu are charged with murdering the two brothers along the Kiriari-Mbuvoni road in Embu County.
Officer sick
Mr Omari applied for their release on bond, saying Cpl Kariuki is sick and needs agent medical attention.
He urged the judge to depart from the customary procedures requiring a formal bail application to be filed to enable the DPP to respond.
But Ms Nyamosi opposed the bail application saying there are issues the DPP wants the court to address before rendering a ruling on the bail plea.
Justice Ogembo ordered the suspects to be remanded at the Industrial Area and Lang’ata Women’s remand homes respectively until September 22 to await bail application hearing.
