Ten lawyers representing six police officers charged with the murder of the two Kianjokoma brothers have withdrawn from the case.
The move to quit disrupted the proceedings of the case on Tuesday, August 31.
Four of the six officers requested the court to defer plea-taking to enable them to engage other lawyers in the murders of Benson Njiru Ndwiga and Emmanuel Mutura Ndwiga.
The court, in a ruling issued by High Court juge, Daniel Ogembo, ruled that it would allow them to get state advocates to represent them in the case.
Ogembo also dismissed an application by the six officers that sought to have the bodies of the two boys exhumed for an independent autopsy.
The defence counsel had filed the application on the basis that there was no present representative of the six officers, during the autopsy of the two boys, arguing that the results of the autopsy, therefore, lacked admissibility.
Danstan Omari, one of the lawyers who quit and lead the defence counsel, had petitioned the court on Thursday, August 26, claiming that the two boys might have jumped from the moving police car with the intention of evading being presented to the court for violating curfew rules.
“We have filed a new case involving the six police officers expected to be arraigned over taking part in the murder case. We are telling the court that the murder charges are not true. Those boys who were in the police car found a way out through the left side and jumped off the moving car while it was raining.”
“We have testimonies from ten people who have recorded their testimonies which we have shared with the court, that the boys were scheming to evade being presented in court. The eight have already been presented in court and charged with violating curfew directives,” Omari stated.
The prosecution, led by lawyers Gakui Gichuhi, Everlyn Onunga, and Jacinta Nyamosi, indicated that investigations are complete and are ready to have the suspects take a plea on Wednesday, August 1.The officers were also declared mentally fit to stand trial.
The Director Of Public Prosecutions earlier recommended the prosecution of the six officers who include Corporals Consolota Njeri, Benson Mbuthia, Constables Lilian Cherono, Martin Wanyama, Nicholas Sang, and James Mwaniki, for the offence of Murder.
According to a charge sheet, signed by Assistant Director of Public Prosecutions Gakui Gichuhi, the officers face murder charges contrary to section 203 as read with section 204 of the penal code cap.63 of the Kenya laws.