Six police officers have today been placed in State custody for fourteen days as they await being charged with murder.
The Magistrates court at Milimani, Nairobi made the ruling on the strength of an affidavit made by Independent Policing Oversight Authority’s lead investigator.
The six were indicted by the Authority following the deaths of two brothers – Benson Njiru Ndwiga and Emmanuel Mutura – at Kianjokoma, Embu County.
Acting Deputy Director of Public Prosecutions Jacinta Nyamosi successfully pleaded with the court to grant the custodial orders so that they may not interfere with witnesses or tamper with evidence.
In his ruling Senior Resident Magistrate David Ndungi said the six officers be detained at Nairobi’s Capitol Hill police station.
They are Bension Mputhia, Consolata Kariuki, Nicholas Sang Cheruiyot, Martin Msamali Wanyama, Lillian Cherono Chemuna, and James Mwaniki.
The officers are attached to Manyatta police station, Embu.
“In conducting this investigation, IPOA vows that it is fair, independent and impartial and all findings and recommendations shall be disclosed to the general public, IPOA Chairperson Mrs. Anne Makori.
This investigation was informed by Section 25 of the IPOA Act which demands that deaths that occur while in police custody, as a result of police action or are caused by members of the National Police Service while on duty, be investigated by the Authority.
Section 29 of the same Act further demands that where an inquiry, in the Authority’s opinion discloses a criminal act, a recommendation for prosecution be made to the Director of Public Prosecutions.
The investigation established a prima facie case against the six police officers for the offence of murder, a finding that were forwarded to the Office of Director of Public Prosecutions.
In occurrence, the DPP gave the orders that the officers be arraigned for the capital offence.
The brothers died on August 1, 2021, hours after police had arrested them for contravening curfew orders.