Kianjokoma six: Four police officers contract Covid-19 in custody

Kianjokoma six

The six police officers accused of killing two brothers in Kianjokoma, Embu when they appeared at the Milimani courthouse on August 31, 2021. 

Photo credit: Dennis Onsongo | Nation Media Group

Four of the six police officers charged with murdering two Embu brothers have contracted Covid-19 while in custody.

As a result, Corporal Benson Mbuthia Mabuuri and police constables Martin Musamali Wanyama, Nicholas Sang Cheruiyot and James Mwaniki Njohu did not attend court for the hearing of their bail application on Wednesday.

They are currently in quarantine at the Kamiti Maximum Prison.

But Corporal Consolata Njeri and police constable Lilian Cherono Chemuna appeared before Justice Daniel Ogembo in court where about ten non-governmental organisations (NGOs) and the Kenya National Human Rights Commissions (KNHRC) sought to be enjoined in the case.

Kianjokoma six police officers

Police officers Lilian Cherono Chemuna and Consolata Kariuki at the Milimani High Court in Nairobi on September 22, 2021 during the mention of a case they are charged with the murder of brothers Emmanuel and Benson Ndwiga.

Photo credit: Dennis Onsongo | Nation Media Group

But defence lawyer Danstan Omari railed against the NGOs while alleging that they want to cash in on the victims.

“Who is supposed to represent the family of the two deceased brothers? It appears so many NGOs have hopped onto the case to seek funds from international organisations,” Mr Omari said.

Some of the bodies which have sought to be enjoined in the case to defend the family of the deceased university students include the Law Society of Kenya (LSK), International Justice Mission (IJM),the Independent Police Oversight Authority (IPOA) and Independent Medico Legal Unit (IMLU) among others.

Giving directions on the request by the NGOs, Justice Ogembo directed them to file formal applications.

But Mr Omari insisted they have a different agenda in their quest to join the murder case.

“Since this court has called for a pre-bail report, all the rights of the victims’ family will be addressed,” Mr Omari stated.

Lawyer Danstan Omari

Lawyer Danstan Omari addresses the media at the Milimani High Court on September 22, 2021.

Photo credit: Richard Munguti | Nation Media Group

He also said he will file an objection to the participation of IPOA in the case, accusing the body of soliciting funds internationally to defend the rights of the victims.

“IPOA is the investigator in this matter and it cannot play double roles,” argued the lawyer.

Mr Omari, who is leading ten other lawyers in defending the six police officers, stated that their bail plea needs to be determined soon.

“KNHRC and an array of rights bodies have come up to oppose bail because the applicants are mere police officers,” he said.

Justice Ogembo directed Mr Omari to serve LSK, IMLU and IPOA with all the documents in his application for bail to enable them to respond.

The six police officers have denied murdering brothers Emmanuel Mutura and Benson Njiru in Embu last month.

They have maintained that the two brothers jumped out of a moving police vehicle, even as documents filed in court indicate that three of the officers sat in the same cabin with the victims during the tragic ride.

In seeking lenient bail terms, the six police officers say that Director of Public Prosecutions Noordin Haji and IPOA ignored material evidence while bowing to public pressure to charge them for murder.

They still insist that a witness saw the brothers jump out of the police vehicle on the night of August 1, 2021.

Part of the evidence attached by the six suspects includes a sketch of the sitting arrangement in the police Land Cruiser where Mr Mutura and Mr Njiru were bundled alongside eight other detainees.

The sketch, seen by the Nation, indicates that Ms Cherono, Mr Wanyama and Mr Sang were seated in the back cabin of the police vehicle when 10 prisoners were being driven to Manyatta police station.

While the officers state that three of them were seated in the back cabin, they all say that only one arrested individual saw the brothers jump out of the moving vehicle.

The bail plea will be argued on Thursday.