The prosecution has opposed the release of the six police officers who allegedly murdered two brothers in Kianjokoma, Embu county on bail.
IPOA senior investigating officer Ibrahim Abukar Shunu told the court the accused do not qualify to be admitted on bond or bail pending trial because they may still exercise their powers and privileges.
“They still exercise all powers and privileges of being police officers which include access and use of firearms, arrest and detention of persons and property among others,” the officer told the court.
The court further heard that the prosecution has strong and irrefutable evidence against the accused persons; Benson Mputhia, Consolata Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Chemuna and James Mwaniki who are attached to Manyatta police station and Embu North DCI office and at the time of the offense they were based within the vicinity where the offense occurred.
He refuted the claims that the six officers have been interdicted adding that he is not aware of any disciplinary proceedings against them that have commenced as stated in their affidavit……”which means if released from the custody they will resume normal duties in their office,” added the investigator.
The court further heard that the accused persons are yet to prove their interdiction through their interdiction letters upon a criminal charge.
He added that the accused being police officers are well trained in the use of reasonable force, safe use of guns, keeping public order, and their actions and omissions on the fateful night indicated a premeditation on their part towards the deceased’s.
According to court documents, releasing the accused persons on bond would influence potential witnesses, since there was an initial attempt to misreport or conceal the cause of death as a traffic incident, yet there are independent witnesses who heard or saw the deceased persons being fatally assaulted by the accused persons.
Benson and Emmanuel Ndegwa 22 and 19 years respectively died on 1st August this year while in police custody after they were arrested for allegedly flaunting curfew rules.
According to the officers they arrested 10 people among them the two brothers. However, upon reaching the police station, they realised that two of the suspects were missing and one of the other suspects told them that the two jumped out of the police land cruiser and escaped while being driven along Mbuvori Market and Kariari Market on their way to Manyatta Police station.
However, it is suspected that they died after being assaulted by the officers. A postmortem revealed that the two suffered cracked skulls, ribs, severe injuries probably consistent with assault and not a fal;l from a moving vehicle.
Their death sparked outrage with members of the public protesting against police killings and a police vehicle set on fire during the incident.