The state now wants the six officers charged with the murder of the two Kianjakoma brothers not to be released on bail.
In an affidavit filed by Ipoa, the state wants the six officers to remain in remand custody until the case is heard and determined.
Senior investigating officer Ibrahim Shunu says the six officers are not qualified to be admitted on bail pending trial because the prosecution has strong and irrefutable evidence that points to their guilt.
“The accused are still police officers currently attached to Manyatta Police station and Embu North DCI office and that the time of the offence they were based within the vicinity where the offence occurred,” the affidavit reads.
Shunu further argues that the officers still exercise all powers and privileges of being police officers which include access and use of firearms, arrest and detention of persons and property among others.
“I am not aware that the accused have been interdicted or any disciplinary proceedings against them commenced as stated in their affidavits which means one released from custody they will resume normal duties of their office,” Shunu claims.
He also argues that the accused being police officers are well trained in the use of reasonable force, safe use of guns but their actions on that fateful night indicate premeditation on their part towards the deceased persons.
“Releasing the accused on bond would influence potential witnesses since there was an initial attempt to conceal the cause of death as a traffic accident yet there are independent witnesses who heard or saw the brothers being fatally assaulted,” the affidavit states.
Shunu claims that the release of the accused on bail will also be prejudicial to the family of the deceased who are victims in this matter.
He further avers that the accused have also not produced in court any proof that they have a fixed bode and so it remains unclear if they indeed stay in the said areas that they have claimed in their application.
Justice Daniel Ogembo adjourned the bail hearing of the six to Thursday.
This is after the victims' lawyers said they had not been served with the list of authorities.
The application will be heard tomorrow at 10.30 am.
Edited by D Tarus
