NAIROBI, Kenya – A senior police officer has told the Milimani High Court that the Kianjokoma brothers died after allegedly jumping from a moving police vehicle while in custody, a version of events that sharply contrasts with medical findings presented earlier in the trial.
Chief Inspector Peter Terer, formerly the Deputy Officer Commanding Station (OCS) at Manyatta Police Station in Embu County, testified before Justice Margaret Muigai that brothers Benson Njiru and Emmanuel Mutura conspired to escape by leaping out of the vehicle transporting them on the night of August 2, 2021.
According to Terer, the two allegedly encouraged each other moments before the incident.
“They told each other, ‘tujiokoe’ (let us save ourselves), then jumped out one after the other and crushed their heads on the road,” Terer told the court.
The officer said he did not witness the incident and relied on accounts from two suspects who had been seated next to the deceased inside the vehicle.
Arrest over Covid-19 curfew
Terer told the court that the brothers were among 10 people arrested for violating Covid-19 curfew regulations.
The remaining eight suspects — Jackson Kariuki, Justine Muturi, Marcus Muchiri, Christopher Njye, Kennedy Mukami, Simon Muchangi, Patrick Rutere and Moses Nganga — were detained at Manyatta Police Station and later charged at the Embu Law Courts.
Terer said he was alerted to the brothers’ deaths at around 12:45am by Corporal Benson Mbuthia, the duty officer that night.
“Upon receiving the report, I instructed him to preserve the scene until the OCS arrived,” he said, adding that he immediately informed the OCS and the Directorate of Criminal Investigations (DCI) before heading to the scene himself.
At the location, Terer said he found two bodies lying on the left side of the tarmac road in a pool of blood, alongside six police officers — Corporal Mbuthia and officers Consolata Kariuki, Nicholas Cheruyiot, Martin Wanyama, Lilian Chemuna and James Mwaniki.
All six officers were later arrested and placed in custody as suspects.
Vehicle burned amid protests
The deaths sparked spontaneous protests in Kianjokoma, during which the government vehicle ferrying the suspects — registration number GKB 277T — was torched by angry residents.
Under cross-examination by defence lawyers Stanley Kinyanjui, Martina Suiga and Danstan Omari, Terer conceded that his testimony was based solely on second-hand information.
He also said it was raining heavily at the time, which may have made it difficult for officers to notice the alleged escape attempt.
“As the officer in charge of the station, I had signed the original work ticket, which was later burned inside the government vehicle,” Terer added.
OCS cites trauma
Former Manyatta OCS Abdalla also testified, confirming that he went to the scene and found the bodies lying on the road.
“I did not observe the bodies closely because dead bodies give me trauma,” Abdalla told the court.
He confirmed that Corporal Mbuthia was the duty officer on the material night.
Pathologist contradicts police version
Earlier testimony by a government pathologist cast doubt on the police account.
The court heard that Emmanuel Mutura, 19, was found wearing intact clothing, with extensive facial and neck bruising, blood oozing from the ears and nostrils, and multiple skull fractures.
The pathologist concluded that Emmanuel died from severe head injuries caused by blunt force trauma, not injuries consistent with a fall from a moving vehicle.
On Benson Njiru, 22, the pathologist documented multiple fractures, brain damage, chest and abdominal injuries, and wounds consistent with being dragged on a rough surface.
His cause of death was recorded as multiple blunt force injuries.
The six police officers charged in the case have denied murdering the brothers and are currently out on bond. They were arrested on August 17, 2021.
