Milimani Law Courts Principal Magistrate Joseph Karanja ordered the Director of Public Prosecutions (DPP) Keriako Tobiko to file charges against the suspects by March 13 “failure to which he will release all the suspects on bond.”
He, however, allowed a request by the DPP, through an assistant director of prosecutions Alloys Kemo, to have blood samples extracted from four suspects for analysis and comparison with blood collected from the scene of crime.
He ruled: “I direct that Erick Muyera Isabwa alias Chairman, Raphael Kimani alias Butcher, Mustafa Kimani alias Musto and Stephen Asitiva Lipapo alias Chokori be escorted to Kenyatta National Hospital (KNH) or at the Government Chemist for extraction of blood samples for profiling.”
He said the suspects must be accompanied by a qualified doctor, who will ensure due diligence in handling and naming of the samples to avoid a mix-up.
The magistrate heard that the suspects had declined to have their blood samples taken at the Mbagathi Hospital.
The suspects admitted before the magistrate that they declined to have their bloods samples taken since they were not sure how it would be handled.
About the allegations of torture, Mr Karanja said the suspects told him they have been tortured beyond endurance since their arrest.
He said they have been in police custody between 25 and 30 days which is far “ beyond the required 14-day period.”
The magistrate said further detaining of the suspects would amount to violating their fundamental and constitutional rights as spelt out in the constitution.
Mr Karanja rejected a request to detain Erick Muyera Isabwa alias Chairman, Raphael Kimani alias Butcher, Mustafa Kimani Anyoni alias Musto, Stephen Asitiva Lipapo alias Chokori, Jane Wanjiru Kimani alias Shiro, Margaret Njeri Waciuri and Simon Wambugu Gachamba for a further 21 days to enable police finalise crucial investigations.
Although the matter is of great public interest, the magistrate underscored the importance of upholding the constitutional rights of all the players so that justice may be seen to be done.
All the suspects said they have undergone intense torture in the course of investigations and have applied to be released on bond.
Amid tears, Ms Kimani said, “ I vehemently oppose my being detained for another 21 days. Police have squeezed my breasts and pulled my genitalia. I do not want to go through such motions again.”
Mr Isabwa said he had broken his thumb and hand besides other inhumane treatment.
Mr Isabwa said he had broken his thumb and hand besides other inhumane treatment.
But Mr Kemo said the suspects did not inform the court about the torture when they first appeared in court.
“The issue of torture is an after thought, they did not mention it when they appeared in court,” Mr Kemo told the magistrate.
The prosecutor urged the magistrate to take judicial notice that the investigations being conducted by police involve public figures and has a lot of “public interest”.
“The issue of torture is an after thought, they did not mention it when they appeared in court,” Mr Kemo told the magistrate.
The prosecutor urged the magistrate to take judicial notice that the investigations being conducted by police involve public figures and has a lot of “public interest”.
Mr Kemo urged the court to grant the prosecution's request and remand the suspects for a further 21 days to enable the DPP “ tie up all the loose ends in the probe of the killing of the public servants and come up with a water tight case.”
