Six officers pleaded not guilty to murder charges following the death of two Embu brothers Emmanuel Mutura Ndwiga and Benson Njiru Ndwiga.
The six: Benson Mbuthia Mabuuri, Consolata Njeri Kariuki, Martin Musamali Wanyama, Nicholas Sang Cheruiyot, Lilian Cherono Chemuna and James Mwaniki Njohu were charged with two counts of Murder.
According to court documents, the six are charged that on the night of August 1 and 2 2021 along Kiriari-Mbuvori road in Embu county jointly murdered the two siblings.
Prior to the six taking a plea, there was a clash in court after two sets of lawyers representing the six officers appeared in court.
The two sets were six lawyers who had been appointed by the state to represent the officers after Lawyers Danstan Omari and Cliff Ombeta withdrew from the matter.
In a turn of events, Danstan Omari and his team told the court they have instructions from their clients to represent the suspects.
“Your honour we have been instructed by our clients to continue representing them in this matter. The six lawyers from the state have not even engaged our clients to know if they wish to be represented by them, we urge them to step down,” Omari stated.
Yesterday September 1, the high court dismissed an application by the six suspects seeking to stop the murder charges with Justice Weldon Korir ruling that he cannot overturn a decision of a judge of similar jurisdiction.
Immediately after Lawyer Omari lodged another suit before the trial court before Judge Daniel Ogembo seeking to stop the murder charge claiming its against the constitution under article 387 of the criminal procedure code and article 157 of the constitution.
Omari urged the trial court to declare the decision by IPOA and DPP to charge the officers as prejudice against the applicants right to a fair trial.
However, the court dismissed his claims and ordered that the plea should be read out to the accused persons.
The defence team have indicated to the court that they will be filing an application to release the accused persons on bail pending trial within 3 days.
The hearing on the bail application has been set for September 22, 2021.
