Through lawyer Danstan Omari the officers have produced to court annexures of their interdiction letters saying they lost any privileges of being police officers
They claim that their detention without a compelling reason shall be an infringement on their constitutional rights.
“We will be seeking bail of favourable terms since the deceased died in custody under the accused persons and the law requires in such cases an inquest to be conducted to ascertain what caused their death. Further detention of the accused is an infringement of their rights,” Danstan Omari said.
Through an application filed in court for bail, they further assert that one eye-witness who was inside the police vehicle had said that he saw two brothers jump from the said vehicle.
The prosecution through an affidavit of corporal Ibrahim Abukar filed in court in response to the six applications strongly oppose bail saying there are compelling reasons to warrant denial for bail.
In the application, the officer says the six accused persons do not qualify to be admitted to bond or bail pending trial because the prosecution has a strong case and irrefutable evidence against them.
He claims the accused persons were still police officers attached to the Kenyatta Police Station and Embu North DCI office at the time of offence and were based at the vicinity where the offence occurred.
The prosecution insists that the officers still have powers and privileges which include access and use of firearms, arrest and detention of persons among others.
“That I am not aware that the accused persons have been interdicted or any disciplinary proceedings against them commenced as stated in the affidavits which means if released from custody they will assume their duties,” the prosecution argues.
The DPP further says the officers are well trained in the use of reasonable force, safe use of guns and keeping public order and their conduct on the fateful night is questionable.