A case involving three police officers accused of extrajudicial killings on Wednesday failed to kick off as the accused sort time to file petitions before court.
Jonathan Kirigia, Parminus Murimi and Bernard Njoka who are both constables were arraigned before a high court in Kisumu to answer to charges of murder.
This followed the withdrawal of a public inquest into the killings that was placed before the Magistrate Court in 2015.
In March 31, the accused were arraigned before Judge Hilary Chemitei to answer to fresh charges of murder.
The particulars of the offense were that on September 13, 2014 the three police officers murdered Wycliffe Otieno Ndiga and John Oduor Omondi at Manyatta Estate in Kisumu East Sub-County.
The accused however, were not able to plead to the charges pending a court order on the applications filed before court in which they raised concerns over the manner in which their case was being handled.
Through a letter to the prosecution office presented to court, they observed that their case through the public inquest was scheduled for hearing on July 16 this year but later changed to March 9 with no formal communications done to them for summons hence the accused failed to be in court considering that they are police officers who are to give prior notice of their absence from duty stations.
This, they say, prompted the court to make a predetermined decision contrary to the principles of natural justice, fairness and good conscience of preferring charges against them whereas there is already in place a process initiated and concluded.
“We are perturbed too by the manner in which your office is directing and conducting itself in this matter, in which another parallel process, seems to be commenced on charging our clients at Kisumu High Court whereas the inquest process is still in existence,” noted the counsel through a letter filed before court.
The accused who were stationed at Kondele Police Station at the time of the incidents but have so far been transferred to different locations were released on a personal bond of Sh 100,000 each on a condition that they avail themselves in the subsequent court proceedings.
The case was postponed for a month to allow for the defense counsel to file constitutional petitions. The case will be mentioned on May 5 pending its hearing and the determination.