In Summary
- The prosecution have until 15th September 2023 to get the results of the DNA samples taken from of eight suspected killer cops from the defunct Special Service Unit.
- The anticipated result will inform the decision on either to charge or drop the charges by the prosecution.
- The officers are suspected to be behind the disappearance of two Indians and their Kenyan taxi driver.
Overstretched Man Power
When the matter came up for a mention in Kahawa Law Court before trial magistrate Gideon Oenga on Tuesday, the prosecution told court the investigating officers are at an advanced stage and they are awaiting for the results which are not yet out due to the ongoing Shakohola investigations.
Oenga in his ruling allowed the application citing that no prejudice will be done to the suspects.
The case had come up for a mention to confirm status of investigations.
The suspects, eight officers and a civilian, are Joseph Mbaya, David Chepcheng , Stephen Luseno , Paul Njogu, Simon Gikonyo, Peter Muthee , Francis Ndonye, John Kamau and Joseph Kamau .The prosecution told court that the remaining issue is the DNA results.
“The delay of DNA results has come up because of the ongoing cases of shakahola. The pathologists have gotten more focused from the government laboratory. We are yet to get the DNA results so that we can make a decision in the case”, the court was told.
Delayed By Transition
The court was also urged to take judicial notice of the transition of what is going on at the DPP’s office as there is a vacant at the DPP. The prosecutor said the decision may be made by the incoming DPP.
The current DPP Noordin Haji is assuming another office, we have assess the period it will take for new DPP to assume new office will be three months. We reached out to defence team and shared the information. We bring to your attention both the defence and the victims lawyers are aware of our request and have agreed to our request, he added.
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He added that no prejudice will be suffered to the suspects as they are all out on bond. He prayed for a date on September 15th.
However, the defence through lawyer Martina Swiga agreed that the DPP did inform about the advanced investigations.
Swiga said despite the suspects being out on bond its not a mystery that they were officer s who were serving and have been interdicted. They have no money to keep traveling.
“Any date given by court by consent should not be interfered with so that no prejudice is committed by pushing it further”, Swiga told court.
She said the state is well fueled machinery and cannot use the shakahola case to subject the suspects to justice delayed.
In January, the officers were released on a Sh500,000 personal bond after spending almost a month in custody pending investigations.
