The six police officers charged with the murder of the Kianjokoma brothers have filed a petition on August 26, 2021, seeking to have the bodies of the deceased exhumed.
Through their lawyer Danstan Omari, the officers have maintained that the two brothers, Benson Ndwiga (22), and Emmanuel Ndwiga (19) jumped from a moving police vehicle while evading arrest.
The officers; Corporal Consolata Njeri, Corporal Benson Mbuthia, Constable Lilian Cherono, Constable Martin Wanyama, Constable Nicholas Sang, and Constable James Mwaniki are claiming that the brothers committed suicide.
The six police officers arrested over the murder of the Kianjokoma Brothers at the Milimani Law Courts on August 17, 2021.| Photo| Courtesy|
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According to Omari, the police nabbed 10 offenders on the fateful day including the two brothers, and revealed that the others are willing to testify in the case.
"We have filed a new case involving the six police officers expected to be arraigned over taking part in the murder case. We are telling the court that the murder charges are not true. Those boys who were in the police car found a way out through the left side and jumped off the moving car while it was raining."
"We have testimonies from the ten people who have recorded their testimonies which we have shared with the court, that the boys were scheming to evade being presented in court. The eight have already been presented in court and charged with violating curfew directives," the petition read in part.
The defence now wants the bodies of the Kianjokoma brothers exhumed and the police officers allowed to hire their own pathologist to examine the bodies and issue a forensic report.
Omari argued that the injuries sustained by the deceased, allegedly inflicted by a blunt object may have resulted from hitting the ground after jumping from a moving vehicle.
He further demanded that his clients be released on bail and reinstated to their duties pending investigations into the matter.
DPP Noordin Haji had petitioned the court to have six officers held for 14 days pending conclusion of investigations by his office.
The officers were on August 24 taken to the Mathari Psychiatric Hospital to examine whether they are mentally fit to stand trial.