The application seeking to drop murder charges against six cops charged with killing two brothers from Kianjakoma, Embu County will be heard in January next year.
The case was mentioned on Tuesday before Justice Daniel Ogembo who directed that the application be heard on January 25 2022.
Police officers Benson Mputhia, Consolata Kariuki, Nicholas Cheruyoit, Martin Wanyama, Lilian Chemuna and James Mwaniki have challenged their prosecution.
Justice Ogembo directed the defence lawyers to serve the application on all the parties before the case comes up for hearing.
The officers were released two weeks ago on bail after court found that the DPP didn’t have compelling reason to warrant denying the accused persons bail.
In the application filed by Lawyer Danstan Omari, the six cops want the court to order for an inquest and drop the murder charges.
They have sued Ipoa, DPP and the IG, arguing that the case should be an inquest not a prosecution.
The officers claim that the two brothers Benson Ndwiga and Emmanuel Ndwiga jumped from a police Land Cruiser while escaping arrest, which led to their death.
The officers, who were all attached to Manyatta police station, Embu county, told the court that they should not be charged with murder.
They argue that on August 1 during routine police patrols and enforcement of the Covid-19 curfew orders, the officers made arrests of a total of 10 suspects, among them the brothers.
The officers have said they only realized the two brothers were missing when they reached Manyatta police station and one of the suspects told them he saw the two jump out of the vehicle.
They were being ferried in the station police van Land Cruiser GKB 277 T.
“The suspects were being ferried together in the same police van, the deceased persons in a suicidal act while escaping lawful custody jumped out of the moving police vehicle thus succumbing to injuries,” reads court documents.
