ODPP condemns delays in Kianjakoma brothers' case, appeals for court action
At a hearing on Monday, the prosecution informed the court that this was the first time the case had been brought before the current judge this year, despite being in the legal system for more than three years.
The Office of the Director of Public Prosecutions (ODPP) has urged the court to step in regarding the prolonged Kianjakoma brothers murder case, highlighting ongoing delays and the absence of one of the accused.
At a hearing on Monday, the prosecution informed the court that this was the first time the case had been brought before the current judge this year, despite being in the legal system for more than three years.
The hearing scheduled for this week was set to span five consecutive days.
"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."
The prosecution also urged the court to issue orders requiring the accused to appear either physically or via virtual means.
"We will be seeking court orders to ensure the accused are brought before this court without delay," the DPP informed the court.
On Monday morning, the sixth accused, James Mwaniki, was absent.
His lawyer, Danstan Omari, explained that Mwaniki is currently hospitalized at Thika Level 5 Hospital due to illness and requested that the trial be adjourned until Tuesday.
In response, the court offered the defense three options: request that the Deputy Registrar visit Thika Hospital to confirm Mwaniki’s admission and assess his ability to participate in the trial or submit medical documents validating his condition.
The victims’ family voiced their support for the prosecution’s concerns, urging the court to take swift action.
"As the victims’ family, we request that the court order his presence, revoke his bond, or allow him to appear virtually so the case can move forward," a family representative told the court.
The case centers on the deaths of Benson Njiru and Emmanuel Mutura, two brothers from Kianjakoma, which sparked national outrage in 2021 and demands for police accountability.
The accused, including some police officers, remain out on bond.
The court is expected to rule soon on the prosecution’s requests and Mwaniki’s absence.
