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Kianjokoma Brothers: Court Declines To Stop Murder Charges Against Six Officers.
The high court has declined an application by the six police officers linked to the deaths to have the bodies exhumed for an independent post-mortem to ascertain the cause of the deaths.
Earlier, both the family and government pathologists had disclosed that the two, whose bodies were found at Embu level five hospital mortuary, died from multiple head and limb injuries.
According to the family lawyer Muchangi Gichugu, the autopsy results are consistent with what the police said as regards Benson Njiru, that he had ‘jumped out of a moving police motor vehicle’ while under arrest.
The bodies of the two Kianjokoma brothers who died in unclear circumstances while in police custody will not be exhumed.
He however says the story is different when it comes to his brother Emanuel Mutura who he claims was hit with a blunt object.
Kianjokoma Brothers: Court Declines To Stop Murder Charges Against Six Officers. Photo Courtesy
“For Emmanuel, there were no bruises. Injuries in the head show he was hit with a hard object. So the issue of him jumping from the car is neither here nor there.” He remarked
Through their lawyers, the six had requested a new autopsy, arguing that the ‘blunt force trauma’ cause of death determined in the earlier autopsies could have been the result of falling out of a moving vehicle.
The Independent Policing Oversight Authority ( IPOA) and the Director of Public Prosecution (DPP) noted that exhuming the bodies of the two brothers (Benson Njiru, 22, and Emmanuel Mutura,19) will cause untold psychological pain and suffering to the family members who are still mourning.
The Director of Public Prosecutions Noordin Haji had opposed the case, saying that they should defend themselves before the trial court. He argued that the six were trying to evade their day in court and wanted to re-open the wounds of the victims’ family and friends.
“Exhuming the bodies will cause untold severe psychological pain and suffering to the family members who are already dealing with the pain of suddenly losing two sons,” argued Haji.
The bodies of the two Kianjokoma brothers who died in unclear circumstances while in police custody will not be exhumed.
The six, Corporal Consolota Njeri, Corporal Benson Mbuthia, Constable Lilian Cherono, Constable Martin Wanyama, Constable Nicholas Sang, and Constable James Mwaniki will be charged on Thursday after the court declined their application to defer murder charges plea.
They will be accorded state counsel since their lawyers recused themselves from the matter.
Elsewhere, Benson Melonyie Mungai the main suspect in connection to the murder of four young men in Kitengela, on August 6th, will be charged with murder on September 9th after a mental assessment that will be conducted at Nairobi’s Mathare hospital.
He is expected to be charged at the Machakos High court alongside other suspects who were arrested after the incident.
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