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Court allows DCI’s Internal Affairs Unit to probe murder of two Indians, Kenyan driver
Chief Magistrate Diana Mochache has today ruled that the DCI’s Internal Affairs Unit has jurisdiction to investigate officers of the notorious disbanded Special Services Unit charged in connection to the murder of two Indian nationals and a taxi driver.
Lady Magistrate Mochache delivered her ruling this morning at the Kahawa Law Courts in the presence of the four accused who objected the ruling.
She said, “I find the preliminary objection to be merited and is hereby dismissed.”
Through their lawyer, Dastan Omari, the respondents, who are the four police officers charged with the murders, disagreed with the ruling, vowing to challenge the decision.
“We have heard the ruling and our clients are totally aggrieved with it. We shall be seeking to challenge the ruling,” Omari told the court.
In her ruling, Mochache said the unit can investigate the murders but it has to send its findings to the Director of Public Prosecution or Inspector General of police for further action.
The four police officers, Peter Muthee Gachiku, Francis Muendo Ndonye, John Mwangi Kamau, and Joseph Kamau Mbugua, were charged with the murder of Indian citizens Mohamed Zaid Sami and Zulfiqar Ahmed Khan as well as their Kenyan taxi driver Nicodemus Mwania on Monday.
The four were assigned to the now-defunct Directorate of Criminal Investigations’ Special Service Unit (SSU). According to their lawyers, Dunstan Omari and Shadrack Wambui, on Monday argued that the IAU is only mandated to address indiscipline, not crime.
“The claims are criminal in nature and have nothing to do with the administrative action against the four. Therefore, the body known by law is the Director of Public Prosecution who we have given that mandate,” Omari said.
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