The Internal Affairs Unit (IAU) has been given the go-ahead to investigate four Directorate of Criminal Investigations (DCI) officers implicated in the disappearance of two Indian nationals.
In a ruling delivered by Chief Magistrate Diana Mochache on Wednesday, October 26, she dismissed an application by the defence seeking the court bar IAU from probing the cops.
However, she noted that the unit did not have the mandate to press charges against the officers.
"I do not agree, the unit can investigate but upon completion, they must hand over the outcome to the Inspector General or Director of Public Prosecution," Mochache stated.
In her ruling at the Kahawa Law Courts, the Magistrate turned down a second plea by the officers to bar the IAU from taking DNA samples during the investigation.
However, she clarified that the unit must follow the judicial procedures when conducting the probe.
"Should the applicant dare subject the respondents to a DNA test without a court order, that will be a violation of their rights and whatever evidence is obtained will be inadmissible," Mochache ruled.
In his response, the defence lawyer Danstan Omari vowed to challenge the verdict stating that it was a landmark ruling which would shape the prosecution of the case.
"We have sought leave to appeal and shall be moving to the High Court once we get the satisfied copy of the ruling because this is not a proper interpretation of the law," Omari told the media.
Omari filed an application challenging a request by the IAU to detain the four officers for 30 days to conclude investigations linking them to the murder of two Indian nationals and their driver.
The unit had asked the court to allow them to collect the officers' DNA samples and match them with the three after leads placed them at the scene of the crime.
On October 24, the Independent Policing and Oversight Authority (IPOA) maintained that IAU cannot investigate the disbanded unit as it is part of the National Police Service (NPS).
