Kianjokoma brothers: Court declines to stop murder charges against six officers

Five out of the six police officers (covering their heads) accused of killing two brothers in the Kianjokoma area of Embu county at a Milimani court on Tuesday, August 31,2021 [Collins Kweyu, Standard]

Six police officers linked to the killing of two brothers in Kianjokoma village, Embu County, have dropped a case in which they were seeking the exhumation of the bodies after the High Court declined to suspend their plea-taking.

Consolota Njeri, Benson Mputhia, Lilian Cherono, Martin Wanyama, Nicholas Sang and James Mwaniki dropped the case immediately after Justice Weldon Korir dismissed their application. Their lawyer Dunstan Omari informed the court that the case should be marked as withdrawn.

Justice Korir said since they had appeared before Justice Daniel Ogembo, they should re-appear before him and plead to him to postpone taking plea.

“The application is for dismissal. This court is aware that the case is before another court and cannot interfere,” Justice Korir ruled.

According to lawyer Omari, there is no need of proceeding with the case filed by the suspended officers, as their intent to block prosecution did not materialise.

The orders by Korir paved way for the officers to be charged today. They will appear before Justice Ogembo to answer to murder charges.

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.

During the hearing of the petition, investigating officer Ibrahim Abakur Shunu narrated how Benson Njiru Ndwiga, 22, and Emmanuel Mutura Ndwiga, 19, were killed. The two, according to him, were at Kianjokoma trading centre heading home with their friends at 10.30pm. He says, Njiru spotted a police officer armed with a long stick on patrol, approaching them.

According to the investigator, the officers assaulted and bundled them in a police vehicle.

He says the bodies of the two were later found lying in a straight line 35 metres apart.