• They are accused of being behind the disappearance of two Indian nationals Zulfiqar Ahmad Khan and Mohamed Zaid Sami Kidwai and their taxi driver Nicodemus Mwania.
• Kahawa law court chief magistrate Diana Mochache had ruled that the suspects be escorted for a DNA test, and they may get a pathologist but at their own expense.
Image: ANDREW KASUKU
Eight police officers from the disbanded Special Services Unit of the DCI have written a letter to the DPP on why they have not been taken for DNA testing.
The eight who were detained for 21 days pending investigations by Kahawa court on November 10, claim there is mischief as the investigators from internal affairs unit may disobey a court order.
They are accused of being behind the disappearance of two Indian nationals Zulfiqar Ahmad Khan and Mohamed Zaid Sami Kidwai and their taxi driver Nicodemus Mwania.
Kahawa law court chief magistrate Diana Mochache had ruled that the suspects be escorted for a DNA test, and they may get a pathologist but at their own expense.
However, the officers through lawyer Danstan Omari and Omayio Aranga, claim even after being in custody since early this month, no investigations has commenced to establish who abducted the two Indians and a Kenyan whose bodies were found at the Aberdare Mountain.
Omari while addressing the media at Milimani law court on Wednesday, said there is an attempt to have them taken to the government chemist for DNA test contrary to order issued by chief magistrate court.
The lawyers argued that any attempt to have the officers forcefully removed from police custody will be contrary and will amount to abuse of power.
They said their clients are yet to be escorted to the National Forensic Laboratory for provision of blood Samples for purposes of DNA testing and analysis of the blood on the exhibits, in custody of the investigators, as ordered by court.
“To this end, our clients have already appointed their forensic scientist to be present as ordered by the court to aid, boost and safeguard the integrity of the process. As you ought to be well aware, time is of essence as our clients are still held in incarceration,” the letter reads in part.
It adds that the suspects are already apprehensive that the investigating officers could be up to some mischief.
They said the officers may be trying to find a way of secretly presenting them in another lab other than the National Forensic Laboratory at the Directorate of Criminal Investigation and in the absence of their dully appointed forensic scientist.
The suspects are Joseph Mwenda Mbaya, David Chepcheng Kipsoi, Stephen Luseno Matunda, Paul Njogu Muriithi, Simon Muhuga Gikonyo, Peter Muthee Gachiku, Francis Muendo Ndonye, John Mwangi Kamau and Joseph Kamau Mbugua.
Nine were detained but the court released one suspect, Francis Muendo, on Sh500,000 personal bond.
On November 10, the magistrate said there was no political witch hunt in the offences being investigated as alleged by the defence.
“I allow the application to detain the suspects pending investigations except for the seventh suspect. They will be detained for 21 days to allow police to complete their investigations,” Mochache said.
The seventh accused was released after a successful application by lawyer Clinton Mwale Litwaji who said his client's handwriting was forged.
In the application, the prosecution led by Michael Sang sought to have the suspects detained for 30 days pending investigations entailing DNA sampling and forensic analysis of their gadgets.
The prosecution’s prayers were objected to by the defence led by Danstan Omari who termed the prosecution of the nine officers as political, targeted at certain high-ranking former security officials.