The six police officers arrested over the heinous killing of two brothers from Kianjokoma in Embu County will remain in custody for 14 days as detectives conclude investigations.
Milimani Senior Principal Magistrate David Ndungi Tuesday ordered the detention of the suspects dubbed “the Kianjakoma six” to enable detectives to establish the reasons behind the brutal killing of Benson Njiru Ndwiga and Emmanuel Matura Ndwiga.
Declining to free Corporal Benson Mbuthia, Corporal Consolata Kariuki and police constables Nicholas Sang Cheruiyot, Martin Msamali Wanyama, Lilian Cherono Chemuna and James Mwaniki on bond, Mr Ndungi said their personal rights do not supersede public interest.
Kianjokoma six at Milimani court
The court said detaining the Kianjakoma six is for their own safety as “members of the public who know them as police officers may hurt them if released now”.
Mr Ndungi said the killing of the two brothers sparked national condemnation, with the mainstream media and social media being awash with calls for stern action to be taken against the perpetrators of the heinous crime.
The magistrate said releasing the suspects a day after their arrest would not auger well with the sound principals of the rule of law and fair administration of justice.
Mr Ndungi said any move to free the suspects would trigger countrywide demonstration, brew anger and cause hue and cry from members of the society “who were rattled by the brutal killing of the two brothers”.
Kianjokoma six arrive at Milimani courthouse
The magistrate added that in the interest of justice and public good, the six police officers will be detained for 14 days to give the Independent Policing Oversight Authority (Ipoa) and the National Police Service time to carry out detailed investigations into the killings which happened on the night of August 1, 2021 in Kianjakoma.
The two were found dead after being arrested by the officers, who were attached to Manyatta Police Station, for allegedly violating curfew orders being implemented by the six.
The magistrate ordered that the suspects be remanded at the Capital Hill Police Station until August 31, 2021.
Embu brothers: Nelson Havi in court
He said the DPP has provided compelling grounds to enable the court to order for the detention of the suspects whom he said will face murders charges at the conclusion of the investigation.
Mr Ndungi upheld arguments by the Director of Public Prosecutions (DPP) and the president of the Law Society of Kenya (LSK) Nelson Havi that the suspects, being police officers, could interfere with investigations.
“I concur with Mr Havi that the suspects will interfere with investigations given that the vehicle which the deceased were being ferried in was torched,” Mr Ndungi.
Mr Havi told the court there have been attempts to cover up the heinous murder of Benson and Emmanuel by the police.
“Crucial evidence in this case has been destroyed by police with the torching of the police patrol vehicle which had been ferrying the deceased upon arrest,” Mr Havi.
“The six officers before court had also been transferred to safer areas in a bid to ensure justice is not done in the case,” Mr Havi submitted.
The LSK president said following the ruthless killing of the two brothers, justice should be done as urged by a ray of leaders including the Speaker of the National Assembly Justine Muturi, who is also a member of LSK.
During the burial of the two youngsters, leaders from all walks of life called for justice, Mr Havi said.
State prosecutors Tabitha Ouywa and Jacinta Nyamosi urged the court to detain the Kianjakoma six for 14 days to allow Ipoa investigators to conclude investigations.
“The killing of the two siblings caused a lot of pain to their parents and the country at large. Justice should be seen to be done in this case,” Ms Ouywa stated.
She said there is hostility reigning high and the DPP has only received an interim investigation file which shows that “the six police officers were involved in the killing of the two deceased persons”.
While urging the court to detain the six, she said fundamental rights are not absolute.
