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Six police officers implicated in the death of two brothers in Kianjokoma, Embu, yesterday withdrew the case at the High Court seeking to stop their prosecution until an inquest into the deaths was conducted.

The officers, through lawyers Danstan Omari and Shadrack Wambui withdrew the application after they failed to secure temporary orders in the matter.

Benson Mbuthia, Consolata Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Chemuna and James Mwaniki wanted the court to issue an order for exhumation of the bodies of the brothers for an autopsy by independent pathologists to be appointed by them.

Grant orders

Justice Weldon Korir, however, ruled it would not be proper to grant orders as the matter was already with a judge coordinate jurisdiction.

“I appreciate the issues raised by the petitioners however it is not a proper case for grant of interim orders as doing so will be doing the work of another judge. In the circumstances I decline to grant the interim orders sought,” he ruled.

The Independent Policing Oversight Authority (IPOA) and the Director of Public Prosecution (DPP) had opposed the application to exhume the bodies of the two brothers saying it would cause severe psychological pain and suffering to the family members who are already dealing with the pain of suddenly losing two sons under unclear circumstances.

In an affidavit by the investigating officer Ibrahim Abukur Shunu, the investigating Agency claimed that it interviewed and recorders statements and it was clear that the two had been assaulted by the six police officers during arrest.