The Director of Public Prosecutions (ODPP) has urged court to intervene in the delay of the Kianjakoma brothers murder case that has taken long to proceed due to absence of one of the accused.
The prosecution noted that this was the first time the matter had appeared before the presiding judge this year, despite the case being in the judicial system for over three years.
This week’s hearing had been scheduled to run for five consecutive days but the court was told that one of the accused was admitted in hospital.
“We will be seeking the court’s intervention so that we may proceed with this matter,” the prosecution stated. “We will also be looking into cancellation of bond terms. The interest of justice is twofold – both for the accused and the victims.” They argued
They further urged the court to issue orders compelling the accused persons to appear either in person or virtually. “We will request for court orders to have the accused presented before this court as soon as possible,” the court was told by the DPP.
One of the accused James Mwaniki and through his lawyer Danstan Omari, the court was informed that Mwaniki is unwell and admitted at Thika Level 5 Hospital.
In response, the court gave the defense three options: to either request that the Deputy Registrar visit Thika Hospital to verify if Mwaniki is indeed admitted, determine whether he is in a condition to participate in the trial while hospitalized, or provide medical documentation to support the claim of illness.
The family of the victims echoed the prosecution’s concerns and called for urgent judicial action. “As the victims’ family, we are asking this court to order that he appear in court and cancel his bond terms, or even allow him to appear virtually so we can proceed,” a family representative told the court.
In the case, two brothers Benson Njiru and Emmanuel Mutura were killed in police custody which sparked national outrage in 2021 which led to the arrest of the six cops.
