The High Court in Meru has ordered a psychiatric examination of an AP officer accused alongside an assistant chief for torturing a man to death.
The Antubariku sublocation assistant chief Kennedy Karuwa Bariu, 32, and his co-accused Salesa Galgallo, the administration police officer in-charge of Kiraone AP post, appeared before Meru resident judge Alfred Mabeya on Wednesday.
The two did not take plea because they had not undergone mental assessment as a requirement by law.
The two are accused of killing Erick Mwenda on June 6 last year at Antubariku sub-location, Igembe South, Meru County
Judge Mabeya directed the officer to undergo mental assessment at Meru Teaching and Referral Hospital to determine his fitness to stand trial. The assistant chief has undergone the test.
The lawyer for the two accused, Kiogora Mugambi, applied for his clients to be released on lenient bail terms pending plea taking, which the prosecution did not oppose.
Kiogora said the two were not a flight risk and that they had cooperated and attended court whenever needed.
The court granted the suspects a bond of Sh500, 000 each with one surety of similar amount or a cash bail of Sh300, 000.
The judge further ordered that the two suspects be produced in court on Thursday morning to take plea.
The court had earlier dismissed a petition by the suspects to stop their prosecution. The suspects through lawyer Mugambi named Director of Public Prosecutions (DPP) Noordin Haji, Inspector General of Police Hillary Mutyambai, Director of Criminal and Investigations (DCI) George Kinoti as first , second and third respondents.
Others enjoined in the suit are Igembe South subcounty criminal investigations officer, Independent Policy Oversight Authority (IPOA) and Independent Medical legal Unit (IMLU).
While dismissing their petition, Meru judge Ann Ong’injo said the delay to arraign the suspects cannot be attributed to the DPP.
Judge Ong’injo said the petitioners claimed their rights are being violated but having gone through the grounds, she failed to find any of specific violation.
The suspects had filed a petition in the court to stop their prosecution claiming they were not at the scene of crime when the man was killed.
The deceased was reportedly assaulted while in handcuffs by the duo after he allegedly stole Sh20, 000.