A Kahawa court has given police until September 5 to get the results of the DNA samples taken from eight police officers from the now-disbanded Special Service Unit.
The officers are suspected to be behind the disappearance of two Indians and their Kenyan taxi driver.
The prosecution told the court the investigating officers are at an advanced stage and they are awaiting the results which are not yet out due to the ongoing Shakohola investigations.
The matter came up for a mention before senior principal magistrate Boaz Ombewa on Tuesday.
Ombewa in his ruling allowed the application citing that no prejudice will be done to the suspects.
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 the court that the remaining issue is the DNA results.
“The delay of DNA results has come up because of the ongoing cases of Shakahola. Pathologists have gotten more focused on the government laboratory. We are yet to get the DNA results so that we can decide 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 vacancy at the DPP.
The prosecutor said the decision may be made by the incoming DPP.
“We have assessed the period it will take for the new DPP to assume new office will be three months. We reached out to the defence team and shared the information,” he said.
“We bring to your attention that both the defence and the victims’ lawyers are aware of our request and have agreed to our request.”
He said no prejudice will be suffered by 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 it’s not a mystery that they were officers who were serving and have been interdicted. They have no money to keep travelling.
“Any date given by court by consent should not be interfered with so that no prejudice is committed by pushing it further,” Swiga told the court.
She said the state is well-fueled machinery and cannot use the Shakahola case to subject the suspects to justice delays.
“If the government chemist is unable to produce the results they should file an affidavit before the court and be answerable to it,” she said.
On the vacancy of the DPP office, the lawyer said it has not been expressly indicated by a Gazette Notice.
“Should the suspect right hang in the balance until the office is occupied,” she questioned.
She said the defence will allow prosecution more time and have the matter mentioned but it should be cautioned as to know the way forward.
The victim’s lawyer Cohen Amanda also addressed the court by saying the family is still looking for three of their own.
The family of two Indians who disappeared and a Kenyan are still looking for their kin.
He said giving the prosecution more time is something that the court should consider.
We can appear in court any time the investigations are completed even before September 5, he said.
The prosecution said the DNA sampling is ongoing and it takes a lot of time.
“Your honour, the DNA sampling tests are still ongoing as it is time-consuming. We request for two more months to complete the investigations,” the prosecution told the 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 to do analysis too. The magistrate allowed the application.
The case will be mentioned on June 13.
In January, the officers were released on Sh500,000 personal bond after spending almost a month in custody pending investigations.
Then Kahawa chief magistrate Diana Mochache ordered the suspects to be escorted for a DNA test, and they may get a pathologist but at their own expense.
-The-Star
