The High Court in Nairobi has certified as extremely urgent an application by the six police officers held for the murder of two Embu brothers seeking to exhume their bodies to conduct an autopsy.
Justice Anthony Mrima has ordered lawyer Danstan Omari to serve the pleadings within two days days and mention the case on September 1,2021 for directions.
The six officers in the application are seeking to exhume their bodies to conduct autopsy by their own pathologists saying the two committed suicide.
The officers through lawyer Danstan Omari claim the two brothers committed suicide and were not murdered as alleged.
“We have witnesses who have recorded statements that the two brothers committed suicide by jumping out of the speedy moving police vehicle, ” lawyer Danstan Omari said.
Through an application filed at the High Court, the officers want the court to stop the Director of Criminal Investigations, the Director of Public Prosecution and Independent Policing Oversight Authority from commencing investigations into the death of the two brothers or charging them with the offence of murder.
“Pending the hearing and determination of this petition the honorable court be pleased to issue conservatory order forthwith restraining the IPOA, DPP and DCI from commencing any criminal proceedings relating to the death of the deceased until the inquest aforementioned is concluded on merit,” the application read in part.
Omari has also asked the court to release their mobile phones for purposes of transacting saying the suspects are not able to make any payments at all for their bills of their families as well as to reach any money that they can remit to their advocates as payment for legal fee.
They also want the court to order for conduction of an inquest in respect of the death of two brothers namely Namely Benson Njiru Ndwiga and Emmanuel Mutura Ndwiga to establish the cause of their death.
The officers are currently held at Capital Hill police station until Friday next week for police to complete investigations.
