Five more officers linked to the murder of 2 Indians and driver
Police officers John Mwendwa Mbaya, David Chepcheng Kipsoi, Stephen Luseno Matunda, Paul Njogu Muriithi and Simon Gikonyo in court on October 27, 2022.
What you need to know:
- Five police officers were part of a surveillance and disposal team in the killing of two Indian nationals and their Kenyan driver by a rogue unit of the DCI.
- The court will rule on an application seeking to detain the five police officers for 30 days pending the conclusion of investigations into the disappearance and alleged murder of the three on Monday.
- The defence team had raised a preliminary objection seeking more time to file a replying affidavit to the application filed by the Internal Affairs Unit (IAU) of the National Police Service (NPS).
Five police officers were part of a surveillance and disposal team in the killing of two Indian nationals and their Kenyan driver by a rogue unit of the Directorate of Criminal Investigations (DCI), a court has heard.
The court will rule on an application seeking to detain the five police officers for 30 days pending the conclusion of investigations into the disappearance and alleged murder of the three on Monday next week.
The defence team had raised a preliminary objection seeking more time to file a replying affidavit to the application filed by the Internal Affairs Unit (IAU) of the National Police Service (NPS).
The arraignment of John Mwendwa Mbaya, David Chepcheng Kipsoi, Stephen Luseno Matunda, Paul Njogu Muriithi, and Simon Gikonyo — formerly attached to the now-disbanded Special Service Unit — brings to nine the number of officers linked to the murder of Mohammed Said Sami and Zulfiqar Ahmed from India, and their taxi driver, Nicodemus Mwania, who were kidnapped outside a Nairobi hotel and allegedly shot dead in the Aberdare Forest.
Kahawa Chief Magistrate Diana Mochache will rule whether the five will be detained for 30 days. On Wednesday, she had allowed an application by the IAU in connection with four other police officers, saying, the unit merited to recommend the prosecution of its rogue officers.
The defence had argued that the application filed by the NPS should not be merited, saying, issues to do with police indiscipline or brutality are handled by the Independent Policing Oversight Authority or the Office of the Director of Public Prosecutions.
Dissatisfied with Ms Mochache’s ruling, the lead defence counsel, Mr Danstan Omari, rushed to the Kiambu High Court on Wednesday, seeking to quash the lower court’s ruling.
The outcome will be consolidated in the Monday ruling.
Yesterday, the investigating officer, Wilhem Kibet, in a sworn affidavit, claimed that the five were implicated in the killing of the two Indians and their taxi driver.
Mr Kibet claims that Mr Mbaya was in the company of the second accused, Mr Kipsoi, who was specifically placed at the Ole Sereni Hotel to follow the Indians.
Mr Matunda, Mr Murithii, and Mr Gikonyo were said to have directly and indirectly participated in the murders.
Mr Omari protested at the detention of the suspects at Industrial Area Police Station, saying, it is dangerous for his clients given that some of the remandees may have at one time been arrested by the officers and may harm them.
But the prosecution dismissed the objections, saying, neither the accused nor their lawyers have raised the issue with the authorities at the police station.
Ms Mochache said she would visit the Industrial Area police station to assess it and issue a statement in court on Monday.
On Wednesday, Mr Gachiku, Mr Ndonye, John Mwangi Kamau, and Mr Mbugua, who have been accused of killing the two Indians and one Kenyan, appeared before the Kahawa court.
Police said they had relied on call data records, which revealed that the four accused were in constant communication with one another as they planned to execute the murders.
