Six police officers accused of killing Embu brothers Benson Njiru and Emmanuel Mutura are seeking to have the bodies of the two exhumed.
In an application filed under a certificate of urgency, the six further want the court to order an inquest before any charges are preferred against them.
“When postmortem on the cause of death of the two deceased brothers Benson Njiru and Emmanuel Ndwiga was conducted, the petitioners chosen pathologists were not present…this the prejudice of having a postmortem report procured by the respondents,” reads court papers filed by their lawyer Danstan Omari.
They argue that the two brothers “in a suicidal act while escaping lawful custody, jumped out of the moving police vehicle thus succumbing to injuries.”
The six, Benson Mbuthia, Consolota Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Cherono, and James Mwanikiwere were taken to Mathare Hospital for mental assessment.
“A conservatory order be issued restraining IPOA, DPP, and IG from commencing any criminal proceedings relating to the death of the deceased until the inquest is concluded on merit,” reads the application.
The accused persons are further seeking to be released on bail pending the conclusion of an inquest into the death of the two siblings.
Constable Cheruiyot says that on the material day, they arrested 10 people among them the two brothers past curfew hours.
He adds that when they reached the police station, they realized that two of the suspects were missing and the other suspects informed them that the two jumped out of the police land cruiser while being ferried to Manyatta Police station.
The matter will be mentioned on August 31st.
Help me understand why the…
Help me understand why the cops are going for a mental evaluation?!!! The 8 witnesses should be questioned separately… Demanding that the bodies be exhumed is a ploy to cause the family more heartache. May they RIP.
I cant agree more vitimbi
I cant agree more vitimbi