Six police officers linked to murder of two Kianjakoma brothers to take plea tomorrow
Six Police officers linked to the death of the two Kianjokoma brothers in Embu County are set to take plea tomorrow.
The six Benson Mputhia, Consolata Kariuki, Nicholas Cheruiyot, Martin Wanyama and Lilian Chemwauna will take their plea at the Milimani Law Courts before Justice Weldon Korir.
Korir had declined the request by the six to have an inquest before being charged as stipulated in article 157(11) of the Constitution and section 387 of the Criminal Procedure Code.
According to Korir the matter was already before another judge and directions to have the accused take plea had already been given.
‘‘An Interim order stated plea taking it Criminal case E061 of 2021 I find out the jurisdiction of this court to entertain this petition comes to the fall. Even though Mr Shadrack Wambui argued that this court still has authority because plea has not been taken the fact remains that a charge of coordinates jurisdiction is already ceased of the map and has even issued directions.’’ Korir said his ruling.
‘‘When a person dies while in the custody of the police, or of a prison officer, or in a prison, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in section 386 (1) a magistrate so empowered may, but shall in the case of a missing person believed to be dead, hold an inquiry into the cause of death, either instead of or in addition to the investigation held by the police or prison officer, and if he does so he shall have all the powers in conducting it which he would have in holding an inquiry into an offence, ’’ article 157 reads.
The officers have denied any links to the murder of the duo.
Police had earlier on claimed that the two could have jumped outside a moving police vehicle when being ferried to Manyatta police station with other ten suspects arrested during curfew time.
‘‘That on the 1st day of august 2021, the accused person/applicants herein during their routine duties and in specific police patrols and enforcement of the Covid – 19 curfew orders, the accused persons herein who are police officer made arrests of a total of 10 suspects among them the deceased duo whose death is being investigated and whom they ferried in the station police van – landcruiser gk b 277 T.’’ read an affidavit sworn by one of the officers Benson Mputhia.