Six police officers who are alleged to have killed the two brothers from Kianjokoma in Embu County have a filed a case in court seeking to have the two bodies exhumed.
In a certificate of urgency, the six; Benson Mbuthia, Consolota Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Cherono and James Mwanikiwere, want the court to order that an inquest be done first 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 post mortem report procured by the respondents,” reads the court papers filed through their lawyer Danstan Omari.
It is their argument that while being ferried together with others and in the same police vehicle, the two brothers “in a suicidal act while escaping lawful custody jumped out of the moving police vehicle thus succumbing to injuries.”
The six officers have since been taken to Mathare hospital for mental assessment.
They also want the court to order that their phones be released so as to transfer money to their families and lawyers.
“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 petition.
The six accused, who were detained at Capitol Hill police station to allow police officers complete investigations, also want to be released on bail pending conclusion of an inquest in respect of the death of the two brothers.
“An order does hereby issued to admit the petitioners from taking plea in any criminal court in respect to the death of the two deceased until the inquest is concluded,” reads the petition.
Police officer Nicholas Cheruiyot says that on the material day, while on patrol, they made arrest of 10 people among them the two brothers. However, he adds that when they reached 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.
The six officers are still being held at Capitol Hill police station and their matter will be mentioned next Tuesday.