Eight police officers from the disbanded Special Services Unit of the Directorate of Criminal Investigations accused of being behind the disappearance of two Indian nationals and their taxi driver have accused the Director of Public Prosecutions of failure to obey a court order to have them undergo a DNA test.
Through lawyers Danstan Omari and Omayio Aranga, the officers who are in police custody are reading mischief in the delayed DNA test.
The suspects include Joseph Mwenda Mbaya, David Chepcheng Kipsoi, Stephen Luseno Matunda, Paul Njogu Muriithi, Simon Muhuga Gikonyo, Peter Muthee Gachiku, Francis Muendo Ndonye, John Mwangi Kamau and Joseph Kamau Mbugua.
Nearly a month in custody for allegedly being behind the disappearance of the three victims, the eight police officers have questioned why they are yet to be taken for DNA testing as ordered by the court.
Lawyers Danstan Omari and Omayio Aranga who represent the eight currently detained for pending investigations claim no investigations have commenced in establishing who abducted the two Indians and a Kenyan whose bodies were found at the Aberdare Mountain.
The court after ordering the DNA test also detained the officers for 21 days pending investigations at the Kileleshwa Police Station.
On detaining the suspects, Kahawa Law Court Chief Magistrate Diana Mochache in her ruling said that the police had proved that they are investigating serious matters which need time.
However, Mochache released the seventh suspect Francis Muendo Ndonye on a Ksh 500,000 personal bond.
“I allow the application to detain the suspects pending investigations except for the seventh suspect. They will be detained for 21 days to allow police to complete their investigations,” Mochache said.
The seventh accused was released after a successful application by lawyer Clinton Mwale Litwaji who said his client’s handwriting was forged.
Despite his reporting to the police, he had not been investigated since his arrest.
The court agreed with him that the officers did not need 30 days to investigate handwriting which the court indeed found to be different.
The suspect was however barred from leaving Nairobi.
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