The family of the Late Agnes Wanjiru has petitioned the High Court to have the DCI compelled to release the investigation report and all documentation necessary for the prosecution of her perpetrator.
The family has cited Article 35(1) of the constitution which guarantees every citizen the right of access to information held by the State and information held by another person that is required for the exercise or protection of any right.
They claim to have made numerous requests and office visits to the DCI and DPP seeking information on the progress of investigations or prosecution of suspects behind Wanjiru’s murder.
To date, these visits have never borne any fruit as the investigative bodies have refused to provide them with the information, the family claims.
“Any delay in addressing the state's refusal to provide information could significantly impair our ability to assist legal processes ongoing in the United Kingdom and participate in any criminal proceedings within the Republic of Kenya,” says the family.
Wanjiru’s lifeless body was found dumped in a sewer at Lions Court Hotel,three months after her disappearance in the company of British soldiers on the night of March 31 2012.
Twenty-two months later, the Director of Public Prosecutions (DPP) recommended an inquest.
The inquest determined that Wannjiru was murdered.
What followed was a report published in the Sunday Times on 7 November 2021 revealing that the identity of the perpetrator was known.
The case filed at the Milimani Law Courts in Nairobi identifies Rose Wanyua as the administrator of the Estate of the Late Agnes Wanjiru.
Wanyua says she is also the guardian of the deceased’s 11-year-old daughter.
She has filed the case in court together with the African Centre for Corrective and Preventive Care.
Through Lawyer Mbiyu Kamau, Wanyua says the denial by the DCI to provide them with the relevant documents is violating their efforts to pursue justice for the late Wanjiru.
Among the documents sought for release are the Investigation Diary, Witness Statements recorded, Post Mortem Report of the Deceased the late Agnes Wanjiru, and Photographs or sketches of the scene of the crime.
The family also seeks access to exhibits.
Also sought is a copy of the report of forensic investigation done on people who were either suspects or persons of interest, for example, their names, rank, photographs, fingerprints and DNA profiles.
The family further seeks an order compelling the DCI to release to them a report on investigative steps taken in cooperation with international law enforcement agencies such as Interpol including international warrants of arrest if any.
