Lawyers in Kenya have been known to have the most interesting and unbelievable explanations for things that should ordinarily seem straight forward. Who can forget Cliff Ombeta claiming that former Sports CS Rashid Echesa didn’t slap an IEBC official but was actually just adjusting his facemask? Then there’s lawyer Khaminwa who, acting on behalf of Sonko, claimed that the former governor risked collapse due to emaciation, and forced court orderlies to give him breakfast before proceedings could continue. However, Danstan Omari’s explanation of the Kianjokoma brothers’ deaths risks annoying Kenyans.
It was a case of double deaths of two brothers from Embu that who in the hands of the police. It has been alleged that the two died after being murdered by police. 6 police officers have even been arrested in connection to the deaths, and city lawyer Danstan Omari is appearing on behalf of the police.
Danstan Omari claims that the two brothers weren’t harmed by the police in any way but in fact died after trying to jump from the police vehicle and escape. He explained that the blunt force trauma which the two were found to have died from was as a result of the impact arising from their fall. Not satisfied with this seemingly strange explanation, he went ahead and even declared that a couple of the accused officers would be applying for an exhumation of the bodies of the late brothers through him, in order for a reexamination to be conducted.
Consequently, the High Court certified as urgent an application by six police officers to have bodies of the two brothers who were killed in Kianjokoma, Embu County exhumed.
Justice Antony Mrima on Friday further directed that the matter be mentioned on Wednesday, September 1, 2021 for further directions.
The six officers; Benson Mbuthia, Consolota Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Cherono and James Mwanikiwere, want the court to order that an inquest be done first before any charges are preferred against them.
“When postmortem on the cause of death of the two deceased brothers Benson Njiru and Emmanuel Ndwiga was conducted, the petitioners chosen pathologists were not present… this the prejudice of having a post mortem report procured by the respondents,” reads the court papers filed through their lawyer Danstan Omari on Thursday.
It is their argument that while being ferried together with others and in the same police vehicle, the two brothers “in a suicidal act while escaping lawful custody jumped out of the moving police vehicle thus succumbing to injuries.”
The six officers have since been taken to Mathare hospital for mental assessment.
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