Four officers from the disbanded Special Service Unit (SSU) challenged the eligibility of the Internal Affairs Unit (IAU) mandated with prosecuting them, offering a fresh headache to the prosecutors.
While appearing in court on Monday, October 24, the cop attached to the Directorate of Criminal Investigations (DCI) argued that IAU lacks jurisdiction to file the case against them.
Their lawyer Danstan Omar explained that only the Directorate of Criminal Investigation (DCI), Director of Public Prosecutions (DPP) Noordin Haji and the National Police Service were mandated to present the matter to court.
"Next time you will entertain this matter, the HR unit of the police will come before you in a criminal quasi matter to deal with officers," Omar stated.
IAU, in their statement, maintained that the superior courts recognise its ability to investigate misconduct and criminal activities of police officers.
Kahawa Law Courts Chief principal magistrate, Diana Mochache, however, intervened, promising to rule on whether the IAU had powers to prosecute the cops or not.
The Internal Affairs Unit, nonetheless, also asked to detain the four officers for 30 days to conclude investigations linking them to the murder of two Indian nationals and their driver.
IAU insisted that the extended time would enable them to collect the officers' DNA samples and match them with the trio.
Their preliminary investigations placed the four at the scene of the crime, Aberdare National Park, where the body of the three was discovered.
The report indicated that one of the officers was in charge of the operation that saw the Indian nationals and their driver abducted at the Southern Bypass interchange.
Another was the driver of the Subaru car that intercepted the vehicle the trio was using. The third officer was believed to be the one who drove another car that ferried the cops and the victims to Aberdare.
The other suspect is believed to have worked with the three to orchestrate the abduction and alleged murder of the trio.
Following the new development, Independent Policing Oversight Authority - IPOA - also called on the IAU to halt the investigations claiming that a police unit cannot investigate itself.
"What concerns us mainly is that the IAU of the National Police Service has taken over the investigation.
"The police cannot effectively investigate themselves. We are also asking IPOA be left to carry out the investigations without interference from IAU," IPOA Vice Chair Jonathan Lodompiu stated.
