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Kenya: Court Remands Six Officers Charged With Murder of Embu Brothers

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Six police officers have been charged with the murder of two Embu brothers after their concerted efforts to block their prosecution hit a snag.

High Court Judge Daniel Ogembo Thursday dismissed two applications by the six officers who were pressing for an inquest to establish the cause of the deaths of Benson Njiru Ndwiga, 22, and Emmanuel Mutura Ndwiga, 19, on the night of August 1 and 2, 2021.

The six withdrew another application filed at the Judicial Review and Constitutional Division through lawyer Danstan Omari seeking a declaration that their rights were violated by the decision of the Director of Public Prosecutions (DPP) to charge them with murder.

Justice Weldon Korir, who heard the application, referred the case to Justice Ogembo for plea taking.

At the first instance before Justice Ogembo, Mr Omari asked the court to invoke the provisions of Sections 276, 386 and 387 of the of the Criminal Procedure Code to halt the murder case and then order an inquest.

Plea opposed

That plea met stiff opposition from State Prosecutor Jacinta Nyamosi and the President of the Law Society of Kenya (LSK) Nelson Havi who insisted that the court process was being ridiculed.

Mr Havi told the court that he will commence disciplinary proceedings against the 10 defence lawyers in the Kianjokoma six case over their conduct and manner in which they have prosecuted it.

Justice Ogembo overruled the objection by the Kianjokoma six and ordered them to plead to the murder charges preferred against them.