"I have reasonable belief that my prosecution is politically instigated as, the Head of State has weighed in especially in his Mashujaa Day speech where he explicitly stated that he has issued directions in regards to the instant matter; notwithstanding the National Police Service is an independent office only subject to directions from the office of the Director of Public Prosecutions," said Muriithi.
According to the officers, the utterances by the president have depicted them as killers even before investigations are completed.
"I believe that I have a right to be presumed innocent... the utterances by the court of public opinion including of the president depicting us as killers are extremely prejudicial," stated Muriithi.
In the application, IAU investigators Michael Kirui and Wilhelm Kibet claim that the probe involves officers beyond Directorate of Criminal Investigations (DCI) where SSU was domiciled.
The IAU investigators further state that clothes found in Aberdare Forest will be subjected to DNA analysis. A contingent of police officers combed the forest hoping to found bodies of the three missing men but in vain.
Through lawyers Dunstan Omari, Shadrack Wambui, Clinton Mwale and Wycliff Omaiyo, the SSU officers want the court to order the two IAU investigators to be questioned on the contents of their affidavits.
They all deny being involved in the abduction and disappearance of Kidwai, Khan and Mwania.
In the application, the investigators want the court to allow the unit to extract DNA from the officers and examine their mobile phones.
Before the High Court, Kidwai's wife in her application filed before Judge Hedwig Ong'undi had said the trio was in the hands of the police and were being illegally held for unknown reasons.
Her lawyer, Ahmednassir Abdullahi, asked the court to order the government to produce Kidwai, Khan and Mwania alive or dead.
In her affidavit, Mrs Kidwai narrated that on July 22, her husband left their hotel room at the Curve Park Apartment and Hotel for Alchemist Bar in Parklands, Nairobi.
According to her, he left at around 10.45pm. She said that 15 minutes later, they talked and he informed her that he was leaving Alchemist. He never returned.
Yesterday, IAU insisted four SSU officers were part of a team that abducted the three on the night of July 22 and 23. According to Kirui, the Indians and their driver were intercepted at the Southern Bypass interchange at Ole Sereni Hotel.
Kahawa court chief magistrate Diana Mochache allowed senior assistant Director of Public Prosecutions Michael Sang to respond to the replies within three days.
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