UPDATES
Court to rule on jurisdiction of DCI’s Unit in probing murder of two Indians, driver
The court will on Wednesday, October 26 rule on the jurisdiction of the DCI’s Internal Affairs Unit to investigate officers of the notorious disbanded Special Services Unit charged in connection to the murder of two Indian nationals and a taxi driver.
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.
Chief Magistrate Diana Mochache presided over the hearing at the Kahawa Law Courts.
The three were allegedly marked men, and their deaths were a matter of when, not if, according to investigating officer Michael Kirui’s sworn affidavit, which was presented in court yesterday.
The affidavit does not specify why the killings were committed, but it does reveal an accused killer squad that was ready to shoot and collaborated with other rogue DCI personnel.
They however did not take plea because the National Police Service (NPS), through the Internal Affairs Unit, has filed a miscellaneous application seeking to detain the four suspects for 30 days pending the conclusion of investigations. The prosecution told the court, investigators are yet to complete forensic examinations of mobile phones belonging to the four suspects.
Defense attorney Danstan Omari objected, claiming that NPS Internal Affairs erred in requesting the detention of the accused because that is the responsibility of the Independent Policing and Oversight Authority (IPOA) or the Office of the Director of Public Prosecutions (ODPP).
Omari contended that the situation is a political witch hunt because only the IPOA or ODPP has the authority to look into the officers.
‘’We are objecting to a busybody called Internal Affairs Unit under the National Police Service that is purporting to appear before you on the matter that it does not have jurisdiction on. Your honour, it is only (Ipoa and ODPP) which have the mandate to hear this matter and file a miscellaneous application,” he told the court.
According to court documents, the four shared roles in the assassination of the two Indians, who reportedly visited Kenya as part of a digital team that was working for President William Ruto’s campaign team ahead of the August 9 General Election.
In a press statement last evening, the Director of Public Prosecutions, Noordin Haji said, “My office reiterates its commitment to upholding the rule of law and respect for human rights, and persons found culpable shall be prosecuted to the full extent of the law.
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