NAIROBI,Kenya, Aug 16 – The ugly and brutal face often attributed to the National police Service (NPS) was in recent weeks in full display following the brutal murder of two brothers, Benson Njiru Ndwiga, 22, and Emmanuel Mutura Ndwiga, 19, allegedly at the hands of police officers in Embu.
Following public outcry and calls for change within the service but most importantly justice for the deceased and their family, the Inspector General of Police Hillary Mutyambai has revealed that the Independent Policing Oversight Authority (IPOA)is set to forward a file to the Office of the Director of Public Prosecutions (ODPP) recommending the prosecution of officers involved in the killing of the two brothers.
“Good morning, first, my sincere condolences to the Kianjokama family. IPOA has concluded investigations on the matter and forwarded the file to the DPP for action. Meanwhile, all the officers have been suspended with immediate effect to pave way for prosecution,” Said Mutyambai in a tweet.
Among those suspended include:Six officers,two Corporals and four Constables.
IPOA in their preliminary report have recommended that, the officers, be relieved of their duties immediately pending the outcome of an independent review of the findings that will be forwarded to the DPP.
“As it stands now, the six officers face a capital offence, murder.” read the report by IPOA.
The officers have since been directed to surrender their firearms to the government armoury.
Their statements including those of their commanding officers have since been recorded and admitted as part of the evidence.
“Besides murder, the Authority (IPOA) is pursuing other charges including negligence in performance of duty that may have been committed by any other officers who attended the demise of the two brothers” said IPOA.
The DPP is expected to peruse the file and advise on whether the officers involved will be prosecuted and what charges to be preferred against them once it is presented to him.
Human Rights Groups and political leaders have been calling for the immediate resignation of the Cabinet Secretary in the interior ministry Dr. Fred Matiang’i and IG police Hillary Mutyambai, accusing them of failing on their mandate to protect Kenyans.
“I assure you that justice for the Kianjokoma brothers will be served, but this can only be done if we allow the proper due process to take place with concrete evidence that can stand a trial in the court of justice.” said Mutyambai.
President Uhuru Kenyatta while mourning the death of the two brothers last week called on police to expedite investigations and ensure justice is served.
The Internal Affairs unit (IAU) within the police service had also launched investigations into the death of the the two brothers and recommended their suspension and prosecution.
What happened?
The two brothers died on August 1 and their bodies were found in a morgue on August 3, sparking protests among locals in Embu.
Police had initially claimed the two brothers jumped out of a moving police vehicle on the night of August 1, after they were arrested for being out past the curfew hours- which is one of the measures put in place by the government to curb the spread of COVID-19 disease.
An autopsy report however did not corroborate police narrative after it revealed one of the Embu brothers died due to a trauma caused by a blunt object.
The postmortem examination was done by three different Pathologists: Dr Martha Mwangi who represented the family, Dr Ndegwa represented lobby group, the Independent Medico-Legal Unit (IMLU) and Dr Doris Namu who represented Embu Hospital. Others were Dr Peter Muturi and Dr Kamau Wangari.
Mutura, according to the report died as a result of, “severe head injury due to blunt force trauma.” His brother, the report indicated died due to “multiple injuries secondary to blunt force trauma.”
The pathologists also obtained samples to be subjected into further examination.
As the family of the deceased and Kenyans at large continue to seek justice for the two brothers, The Independent Medico Legal Unit says it has documented at least 25 cases of extra-judicial killings and 43 cases of torture and ill-treatment since March 20, 2020, when stringent COVID-19 disease preventive measures were adopted.
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