A Senior Police Officer has told the High Court in Nairobi that the deaths of Embu brothers Benson Njiru, 22, and Emmanuel Mutura, 19, were caused by a fall from a moving police vehicle.
Chief Inspector Peter Terer, a former Deputy Officer Commanding Station (OCS) at Manyatta Police Station in Embu County, testified at the Milimani law courts before Justice Margaret Muigai that the two brothers allegedly conspired to escape by leaping from the vehicle as it sped along the road.
“The two brothers told each other, ‘tujiokoe’ (let us save ourselves). They jumped out one after the other and crushed their heads on the road,” Terer told the court.
The officer said the account was relayed to him by two suspects who had been seated next to the deceased during the journey on the night of August 2, 2021.
Terer stated that the Kianjokoma brothers, had been arrested alongside eight other suspects for violating Covid-19 curfew regulations. The other suspects were Jackson Kariuki, Justine Muturi, Marcus Muchiri, Christopher Njye, Kennedy Mukami, Simon Muchangi, Patrick Rutere and Moses Nganga.
He told the court that the eight were detained at Manyatta Police Station and later charged at the Embu Law Courts.
According to Terer, he was informed of the brothers’ deaths at about 12:45 am by Corporal Benson Mbuthia, who was the duty officer that night.
“Upon receiving the information, I instructed Corporal Mbuthia to preserve the scene until the OCS, Mr Abdalla, arrived,” he said, adding that he immediately alerted the OCS and the DCIO before proceeding to the scene.
At the scene, Terer said they found Corporal Mbuthia and five other officers, Consolata Kariuki, Nicholas Cheruyiot, Martin Wanyama, Lilian Chemuna and James Mwaniki.
“I observed two bodies lying on the left side of the tarmac road in a pool of blood,” he testified.
The officer, who is currently attached to Ngutani Police Station in Kitui County, said all six officers were arrested and placed in custody as suspects.
He added that he later interrogated the two surviving suspects to gather more details about the incident.
The deaths sparked spontaneous protests and violence, during which the government vehicle, registration number GKB 277T, that had been ferrying the suspects, was set ablaze.
Under cross-examination by defence lawyers Stanley Kinyanjui, Martina Suiga and Danstan Omari, Terer conceded that he did not witness the incident and relied solely on information provided by the suspects.
He further stated that it was raining heavily that night, making it difficult for officers to notice the brothers allegedly jumping from the vehicle.
“As the officer in charge of the station, I had signed the original work ticket, which was later burned inside the GK vehicle,” he added.
OCS Abdalla also testified, stating that he proceeded to the scene and found the two 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 he had assigned Corporal Mbuthia as the duty officer on the material day.
Postmortem findings on Mutura and Njiru
A government pathologist however, has told the High Court in Nairobi that the deaths of the Embu brothers Benson Njiru, 22, and Emmanuel Mutura, 19, were caused by blunt force trauma, not a fall from a moving police vehicle as claimed by police.
Testifying as the seventh prosecution witness, the doctor said he carried out postmortem examinations on the siblings on August 5, 2021, at Embu Level 5 Hospital in the presence of their relatives and police officers.
Police at the time had alleged that the brothers leapt from a moving vehicle while being taken to Embu Police Station for breaching COVID-19 curfew rules. Their bodies were later recovered along Kiriari Road in Embu.
The witness said his findings directly contradicted the account given by officers, adding that the pattern of injuries was not consistent with a fall from a moving vehicle.
The court heard that Mutura’s body was found in a green T-shirt and black trousers, both intact and with no signs of damage. Externally, he had extensive bruises on the face and neck, with blood oozing from his ears and nostrils. Internally, the doctor documented multiple skull fractures and brain lacerations. He concluded that Mutura died from severe head injuries caused by blunt force trauma.
On Njiru, the doctor testified that he observed blood stains and dust on the body, along with visible deformities on the face and skull. He also found a dislocated shoulder, compound fractures on the leg, and significant injuries to the chest and abdomen. “Internally, there were multiple rib fractures and extensive brain damage,” he told the court.
The pathologist further noted marks on Njiru’s body that were consistent with dragging on a rough surface. His conclusion was that Njiru died from multiple blunt force injuries.
Under cross-examination by lawyer Danstan Omari, representing some of the accused officers, the doctor conceded that falls from vehicles can sometimes result in multiple injuries. However, he maintained that such accidents usually show torn clothing and rolling patterns on the body — features that were absent in both cases.
The postmortems were conducted three days after the brothers were reported dead on August 1, 2021. The deaths sparked protests in Kianjokoma, Embu County, and triggered nationwide condemnation of police conduct during COVID-19 enforcement.
Families of the brothers accused police of brutality and cover-ups, while human rights organisations demanded accountability. The government eventually charged six police officers with murder, and the case is being heard at the Milimani High Court.
The doctor’s testimony has become a central piece of evidence for the prosecution. By directly challenging the police version of events, it supports claims that the brothers were victims of excessive force rather than an accident.
The case remains one of Kenya’s most high-profile examples of alleged police abuses during the pandemic, symbolising broader demands for justice and reforms in law enforcement.
