The bail hearing for the six Kianjakoma police officers charged with the murder of two brothers was adjourned to Thursday by the High Court.
This is after the victims' lawyers raised concerns that they had not been served with the application for bail by the defence.
Police officers Benson Mputhia, Consolata Kariuki, Nicholas Cheruyoit, Martin Wanyama, Lilian Chemuna and James Mwaniki have been charged with the brutal murder of Benson Ndwiga and Emmanuel Ndwiga.
Lawyer Caroline Kamende for the Law Society of Kenya told Justice Daniel Ogembo that it would be unfair if the case proceeded to a hearing without their input.
The court heard that the Independent Medico-Legal Unit, the International Justice Mission and the Kenya Human Rights Commission had not been served with the application but the LSK was served on Wednesday morning on short notice.
“The victims need to be given a fair hearing and we need time to look at the evidence prepared so that we can respond. The late service violates the right to a fair hearing by the victims,” Kamende said.
However, defence lawyer Danstan Omari told court they only served the LSK with the application because it is the only party that was present when their clients took a plea.
“We need a clarification as to who represents the victims because there are several organisations that have come on board, each saying it represents victims,” Omari said.
He further claimed that the organisations might be using the case to fundraise from donors because all of them cannot be representing the victims.
Omari further stated that the accused persons were the ones to be prejudiced if the case is delayed as they are still in custody.
In his ruling, Justice Ogembo allowed the adjournment but only for one day and dismissed an application by an IMLU lawyer who wanted to be given one week to respond to the application.
Judge Ogembo directed all the victims’ lawyers to file their responses by Thursday morning so that the application can be heard.
The court further noted that it was indeed true that there are many organisations coming on board but said they represent the victims. To avoid confusion, the judge directed that from now on any party seeking to join the matter as a victim should seek the leave of court.
Speaking to journalists after the court case, Omari said it was a sad day that civil society, having lost funding from donors, has now captured the office of the DPP to prosecute criminal cases as a way to raise funds.
The case will be heard on Thursday morning when the court will hear submissions on why the accused should be released on bail. The prosecution is set to object to their release.
Only two accused persons, Consolata and Lilian, were physically present in court on Wednesday and the four men on remand at Industrial Area appeared online. It is alleged that they are in quarantine so they cannot appear physically.
