Court declines application to exhume bodies of Kianjokoma brothers

The bodies of the two Kianjokoma brothers who died in unclear circumstances while in police custody will not be exhumed.

This is after the high court declined an application by the six police officers linked to the deaths to have the bodies exhumed for an independent post-mortem to ascertain the cause of the deaths.

Earlier, both the family and government pathologists had disclosed that the two, whose bodies were found at Embu level five hospital mortuary, died from multiple head and limb injuries.

According to the family lawyer Muchangi Gichugu, the autopsy results are consistent with what the police said as regards Benson Njiru, that he had ‘jumped out of a moving police motor vehicle’ while under arrest.

He however says the story is different when it comes to his brother Emanuel Mutura who he claims was hit with a blunt object.

“For Emmanuel, there were no bruises. Injuries in the head show he was hit with a hard object. So the issue of him jumping from the car is neither here nor there.” He remarked

Through their lawyers, the six had requested a new autopsy, arguing that the ‘blunt force trauma’ cause of death determined in the earlier autopsies could have been the result of falling out of a moving vehicle.

Also read–> Autopsy contradicts police accounts in Kianjokoma brothers shocking deaths

The Independent Policing Oversight Authority ( IPOA) and the Director of Public Prosecution (DPP) noted that exhuming the bodies of the two brothers (Benson Njiru, 22, and Emmanuel Mutura,19) will cause untold psychological pain and suffering to the family members who are still mourning.

The six, Corporal Consolota Njeri, Corporal Benson Mbuthia, Constable Lilian Cherono, Constable Martin Wanyama, Constable Nicholas Sang, and Constable James Mwaniki  will be charged on Thursday after the court declined their application to defer murder charges plea.

Also read: Six police officers accused of killing Kianjokoma brothers in court

They will be accorded state counsel since their lawyers recused themselves from the matter.

Elsewhere, Benson Melonyie Mungai the main suspect in connection to the murder of four young men in Kitengela, on August 6th, will be charged with murder on September 9th after a mental assessment that will be conducted at Nairobi’s Mathare hospital.

He is expected to be charged at the Machakos High court alongside other suspects who were arrested after the incidence.

Meanwhile, a Machakos court has issued a warrant of arrest to Machakos County governor Alfred Mutua for allegedly trespassing in a private property.

The governor is alleged to have used graders to destroy a parcel of land belonging to David Gitau and refused to settle a court fine of Kshs 5  million.

Gitau’s lawyer has served the area OSC with the warrant that was issued by the Machakos High court Deputy court registrar

  

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