The defense in the case of missing Indians where SSU officers were charged with their abduction have opposed the decision by the state to charge them with murder.
The officers who are all in remand after their bond was cancelled were arraigned before a Kiambu court for murder charges even though the pending abduction case is still ongoing.
The matter was coming up for direction on how the suspects will be taken for mental assessment before they plead to the murder charge.
Lawyer Danstan Omari for Peter Muthee strongly opposed to them being charged with murder arguing that they have been charged with abduction and the trial is ongoing.
“The suspects have taken plea with the offence of abduction and the matter is part heard and today we were going for further hearing,” Omari argued.
He further said they were at Kahawa Law court while their clients were before Kiambu court and they were not aware of the new developments.
“The prosecution has not withdrawn the abduction case before the lower court but they have decided to charge them with murder,” Omari said.
Omari said there can never be two proceedings of the same matter relating to the same accused person in two different courts.
The state opposed the defense submissions saying the matter was only coming up for directions on mental assessment and not hearing of applications.
In a short ruling, the court said it has jurisdiction as an administrator of the high Court to give directions on how the matter is to be handled.
The court directed the suspects to be escorted for mental assessment they will be detained in Kiambu Police Station.
Omari client Muthee was the only suspect who waived his right to mental assessment and will not undergo the mental assessment.
Further it directed the defence to make a formal application to challenge the jurisdiction of the High Court to take the murder plea.
The case will be mentioned on June 25.
