Six police officers arrested in connection to the death of two brothers in Embu want the court to issue an order to exhume the bodies of the deceased for purposes of conducting another autopsy before/and/or by independent pathologists that they will appoint. According to them, the previous autopsy was conducted in the absence of their representative, pathologist or lawyer.
The officers also want an order for conduction of an inquest in respect to the death of Benson and Emmanuel Ndwiga in kianjokoma, Embu county prior to their arraignment for plea taking. They also want an order issued restraining them from taking plea in any criminal court within the jurisdiction in respect to the death of the two brothers.
Through lawyer Danstan Omari, the six also want an order stopping the DPP and IPOA from commencing any criminal proceedings relating to their death until the inquest is concluded.
The officers also want the court to issue an order directing the Director of Public Prosecution, the Independent Police Oversight Authority and the Inspector General to avail their mobile phones which have been confiscated to aid in investigations; for the purposes of mpesa transactions to make payments and send monies to their families at their (respondents’) supervision.
The officers who are all from Manyatta Police station are Benson Mputhia, Consolata Kariuki, Nicholas Sang Cheruiyot, Martine Msamali Wanyama, Lilian Cherono Chemuna and James Mwaniki.
The applicants aver that they arrested the brothers on 1st August 2021 while on patrol. They also allege to have arrested eight others in the process.
“As the suspects were being ferried in a police van, the deceased persons, in a suicidal act while escaping lawful custody jumped out of the moving vehicle thus succumbing to the injuries,” said lawyer Omari.
Their deaths led to demonstrations in Embu which saw angry members of the public storm the station and caused destruction by burning a police van. Several people were injured while another fatally hit by a bullet.
The officers were later arrested and have been in custody since 17th August and as their lawful detention is about to come to an end, they are apprehensive that they shall be arraigned in court and be charged over the unfortunate which by all intent is ripe for an inquest in complete disregard to their fundamental rights as arrested persons.
“The 1st respondents, (IPOA) have already taken the petitioners for mental examination, a mandatory procedure to establish if they are fit to stand trial, a clear iondication that the responents are keen and all set to charge the petitioners with the offence of murder contrary to section 203 as read with section 204 of the penal code thus the urgency to have this matter placed before the duty vacation judge for directions during the honourable courts vacation,” said the petitioners.