BY SAM ALFAN.
Six officers accused of killing two brothers in Kionjokoma, Embu county have moved to court to challenge the decision by Director of Public Prosecution Noordin Haji to charge them with murder.
According to Benson Mputhia, Consolata Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Chemuna and James Mwaniki, Haji’s decision to prefer murder charges against them amounts to an abuse of legal process and is contrary to section 387 of the Criminal Procedure Code and Article 157(11) of the Constitution.
Through lawyer Danstan Omari, the officers want the court to make a declaration that the move to charge them prejudices their right to a fair trial and right to equal benefit of the law under article 25(c) and 27(1) of the Constitution.
“A declaration that this Honourable Court lacks the jurisdiction to admit the information before it, which seeks to charge the Applicants herein with the offence of murder contrary to section 202 as read together with section 204 of the Penal Code,” Omari submitted in the application.
The six want the court to quash the information contained in their criminal case arguing that it is a gross abuse of power and in violation to the Constitution.
In the petition, the six accuse the prosecution of conducting itself in a manner that is hostile to the constitutional principles of fairness and is in brazen abuse of the process of court.
“Unless this court moves with speed to stop the Respondent from abusing its discretion, there is a risk that the Respondent may imagine itself to be above the constitution,” they says.
They argue that unless the matter is heard urgently, their rights to a fair adminstrative action shall have been violated as the avenue of an inquest available in the case shall not have been exhausted considering the controversy under which the two brothers died.
“Unless this court sets this application down for hearing and allows the order as prayed, the Respondent will continue to mutilate/abuse the constitutional powers of the Director of Public Prosecution and tramp over the rights and fundamental freedoms of the applicant herein”, says the six officers.
According to the officers, on the 1st day of August 1,2021, they were on routine duties and in specific police patrols and enforcement of the COVID-19 Curfew Orders.
They said they arrested 10 suspects among them, the two brothers but the twins jumped from a moving vehicle as they were being ferries to the police station in a land cruiser.
They add that since the August 17,2021, they have been held in custody and have heard their mobile phone confiscated even though they have cooperated with the investigative agencies.
As the duration granted to the 1st Respondent to conduct investigation come close to an end, the Accused are apprehensive the the Respondent shall proceed to arraign them in Court and charge them over an unfortunate occasion which by all intent is ripe for an inquest in complete disregard to their fundamental rights as arrested persons.