This archive report was first published on 27 August 2021.
On August 1, 2021, two brothers, Benson Ndwiga and Emmanuel Ndwiga, died in Embu after being arrested by police enforcing curfew orders.
Their deaths sparked outrage, and six police officers, Benson Mputhia, Consolata Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Chemuna, and James Mwaniki, were arrested and detained.
On August 27, 2021, the High Court certified as urgent a petition by the six police officers seeking to block their prosecution.
According to court documents, the officers claim that the two brothers jumped from a moving police vehicle while escaping arrest.
However, the officers also want the court to conduct an inquest into the deaths instead of charging them with murder.
They also seek an order for exhumation of the bodies of the two brothers for purposes of conducting a fresh autopsy by independent pathologists.
Additionally, the officers want to be admitted on reasonable bail or bond terms pending the conclusion of the inquest into the death of the two brothers.