A Kahawa court has given police until September 5 to get the results of the DNA samples taken from of eight police officers from the now-disbanded Special Service Unit.
Ten officers are suspected to be behind the disappearance of two Indians and their Kenyan taxi driver.
When the matter came up for a mention before senior principal magistrate Boaz Ombewa on Today the prosecution told court the investigating officers are at an advanced stage and they are awaiting for the results which are not yet out due to the ongoing Shakohola investigations.
Ombewa in his ruling allowed the application citing that no prejudice will be done to the suspects.
The case had come up for a mention to confirm status of investigations.
The suspects, eight officers and a civilian, 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.
The prosecution told court that the remaining issue is the DNA results.
“The delay of DNA results has come up because of the ongoing cases of shakahola. The pathologists have gotten more focused from the government laboratory. We are yet to get the DNA results so that we can make a decision in the case”, the court was told.
The court was also urged to take judicial notice of the transition of what is going on at the DPP’s office as there is a vacant at the DPP. The prosecutor said the decision may be made by the incoming DPP.
The current DPP Noordin Haji is assuming another office. We have assess the period it will take for new DPP to assume new office will be three months. We reached out to defence team and shared the information. We bring to your attention both the defence and the victims lawyers are aware of our request and have agreed to our request, he added.
He added that no prejudice will be suffered to the suspects as they are all out on bond. He prayed for a date on September 5.
However, the defence through lawyer Martina Swiga agreed that the DPP did inform about the advanced investigations.
Swiga said despite the suspects being out on bond its not a mystery that they were officer s who were serving and have been interdicted. They have no money to keep traveling.
“Any date given by court by consent should not be interfered with so that no prejudice is committed by pushing it further”, Swiga told court.
She said the state is well fueled machinery and cannot use the shakahola case to subject the suspects to justice delayed.
If the government chemist is unable to produce the results they should file an affidavit before court and be answerable to it, she said.
On vacancy of DPP office, the lawyer said it has not been expressly indicated by a Gazette Notice.
Should the suspects right hang in the balance until the office is occupied, she questioned.
She said the defence will allow prosecution more time and have matter mentioned but it should be cautioned as to know way forward.
Victims lawyer Cohen Amanda also addressed the court by saying the family is still looking for three of their own Family of two Indians who disappeared and a Kenyan are still looking for their kins. He said giving prosecution more time is something that the court should consider. We can appear in court anytime the investigations are completed even before September 5, he said.
The prosecution said the DNA sampling is on going and it takes a lot of time.
“Your honour, the DNA sampling tests is still ongoing as it is time consuming. We request for two more months to complete the investigations,” the prosecution told court.
The defence through their lawyers led by Danstan Omari agreed with the prosecution’s application.
Omari said the defence had also hired their forensic expert doing analysis too. The magistrate allowed the application. The case will be mentioned on June 13.
In January, the officers were released on a Sh500,000 personal bond after spending almost a month in custody pending investigations.
Then Kahawa chief magistrate Diana Mochache had ordered the suspects be escorted for a DNA test, and they may get a pathologist but at their own expense.
