The Director of Public Prosecutions (DPP) Noordin Haji has directed the police to conduct further investigations on the role of two police bosses in Embu over the deaths of two brothers — Benson Njiru Ndwiga and Emmanuel Matura Ndwiga — who died after they were arrested for contravening curfew rules.
In a letter to the Inspector-Genarl of Police Hilary Mutyambai, the DPP wants former Manyatta OCS Abdullahi Yaya and former Embu North OCPD Emily Ngaruiya investigated.
And pending outcome of the investigations, the DPP has recommended that the two officers be suspended from duty. The two officers have since been transferred from Embu.
"Additionally, I direct that further investigations be carried out into the role of the OCPD and OCS. Pending the same, I recommend that they be suspended from duty,” reads the letter by Mr Haji.
The death of the two brothers in the hands of the police has caused chaos and public uproar as human rights activists and politicians called for expeditious investigations and justice for the family.
The brothers were allegedly killed after they arrested outside their family shop in Kianjokoma shopping centre for flouting the 10pm-4am curfew.
Six officers linked to the deaths were Tuesday detained for 14 days to allow detectives complete investigations on their possible personal culpability in the incident. The investigations are being conducted by the Independent Policing Oversight Authority (Ipoa).
The case investigating officer, Ibrahim Shunu, in his court filing, says investigations on the six officers are still ongoing in relation to extraction of data from mobile phones of the two brothers and potential witnesses. He said the data is critical in the conclusion of the investigations.
"It will be essential to the progression of investigations that the communication devices which are in possession of the respondents (the six officers) are obtained to prevent the interference of critical evidence," said Mr Shunu in his affidavit tabled in court.
He added that due to heightened tension within the community towards the six police officers and the national police service in general, their release would have been risky to themselves and other police officers.
He stated that investigations established that following their arrest, the two brothers were never booked at any police station in the area. Shortly after their arrest they were found dead along the Kirirari-Mbovuri road, over 6.5 kilometres from where they were arrested.
The bodies were collected from the scene by the same police officers who are suspected of killing them and reported as a road traffic accident victims in the Occurrence Book (OB) number 11/2/8/2021 at Embu Police Station and taken to Embu Level Five Hospital mortuary.
"Post-mortem report revealed that the cause of death of the two brothers was a result of severe head injuries due to blunt force trauma," said the investigator.
