NAIROBI,Kenya, Aug 16 – The Director of Public Prosecutions Noordin Haji has directed the Inspector General of Police Hillary Mutyambai to immediately arrest and arraign officers implicated in the unlawful killings of Benson Njiru Ndwiga and Emmanuel Matura Ndwiga, at the Kianjokoma Market in Embu county.
The two brothers were last seen alive on August 1,2021.
Haji in a report to newsrooms further said that they should be brought to Nairobi in order to facilitate the smooth winds of justice and also to prevent the suspects from interfering with Investigations by the Independent Policing Oversight Authority (IPOA).
“For that reasoning keeping in view the urgency of this matter, we expect to receive the results of all investigations into this matter no later than close to close of business today, 16,August,2021. We have their assurances and commitment to do so,” said DPP Haji in a statement.
Upon receiving of the file, the DPP will give further directions regarding the matter.
Meanwhile, the Internal Affairs Unit (IAU) has since forwarded through the Inspector General of police a file of preliminary findings to the ODPP which is under scrutiny and review.
“Recent reports of the unfortunate deaths of two brothers ,Benson Njiru Ndwiga and Emmanuel Matura Ndwiga, in Kianjokoma area within Embu county which have attracted considerable public anger have equally drawn the attention of the ODPP. The fact that the deaths ostensibly occurred while the deceased were in the custody of police officers calls for a full and fair investigations to establish the circumstances which led to the deaths,” said Haji.
Among those suspended include 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.
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.
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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