The Public Inquest into the Masimba GSU shooting case where nine officers are suspected to have shot demonstrators is ongoing and at an advanced stage.
In a letter to the high court, the DPP says the inquest is ongoing at the Kajiado law courts and several witnesses have testified.
In September, the DPP told Justice John Chigiti that he would not be preferring charges against the officers but the court directed him to write a formal letter updating court on the decision to charge.
State Counsel Henry Nyabuto says the DPP had directed IPOA and IAU in January to have the matter disposed off by way of Public Inquest under section 385,386 and 388 of the criminal procedure code.
“The inquest was filed at the Kajiado Law Courts and It was first heard o May 15, so far 18 witnesses have already testified. 10 more witnesses are lined up to testify in the next hearing slated for October 9 and 11,” the letter reads.
The nine officers had challenged their prosecution through lawyer Danstan Omari arguing that there were only discharging their mandate.
The officers include their commander at the time Cornelio Tokoyi, John Njoroge, Zakayo Kurere, Hosea Chikar a, Mohammed Qalla, Kipkorir Wesley Sigisin, Adan Kassim and Wambua Kilonzo.
The application was filed last year and it has been pending in court with the DPP telling court on several occasions that they had not issued a decision to charge yet.
The case was mentioned in court Monday and the court heard the DPP had directed IPOA to withdraw the criminal case that had been filed against the cops.
Justice John Chigiti directed the matter to be mentioned on October 11 to allow time for the DPP to get a written confirmation of withdrawal of the case.
IPOA had recommended the prosecution of the officers to the DPP who approved the charges saying the GSU officers were culpable for the offence of murder due to the evidence on record.
However, through their lawyer Omari the officers said they were ambushed by over 1500 protesters as they were coming back from Nairobi and didn’t kill anyone.
