ODPP Decries Delays in Kianjakoma Brothers Case, Seeks Court Intervention

The Office of the Director of Public Prosecutions (ODPP) has raised alarm over prolonged delays in the Kianjakoma brothers’ murder trial and urged the court to intervene, citing the absence of one of the accused and the slow progress of the case.

During a hearing on Monday, the prosecution told the court that it was the first time the matter had come before the presiding judge this year, despite the case having been in the judicial system for over three years. This week’s proceedings had been scheduled to run for five consecutive days.

“We will be seeking the court’s intervention so that we may proceed with this matter,” said the prosecution. “We will also be looking into cancellation of bond terms. The interest of justice is twofold—both for the accused and the victims.”

The ODPP requested that the court issue orders compelling all accused persons to appear either physically or virtually, emphasizing the need to prevent further adjournments.

The absence of James Mwaniki, the sixth accused, triggered renewed concern. His lawyer, Danstan Omari, informed the court that Mwaniki was unwell and admitted at Thika Level 5 Hospital, requesting an adjournment to Tuesday.

In response, the court gave the defense three options: to request the Deputy Registrar to verify Mwaniki’s hospital admission, assess his ability to participate in proceedings from the hospital, or submit official medical documentation.

The family of the victims, Benson Njiru and Emmanuel Mutura, supported the prosecution’s plea, calling for immediate action. “We are asking this court to order that he appear and cancel his bond terms, or allow him to appear virtually so we can proceed,” a family representative told the court.

The two brothers died under police custody in 2021, prompting national outrage and intensified calls for police accountability. The accused, including several police officers, are currently out on bond.

The court is expected to issue a ruling on the prosecution’s applications and determine the course of action regarding Mwaniki’s absence.

Written By Rodney Mbua