Police have been ordered to produce their investigation report into the death of MP Josiah Mwangi (JM) Kariuki within the next two weeks.
Mr Justice David Majanja on Wednesday ruled that the family of the lawmaker had a constitutional right to know the contents of the document.
â€œThe Attorney General, Director of Public Prosecutions and the Inspector-General of Police must furnish this court with an affidavit disclosing contents of any report relating to the death of JM Kariuki within 14 days,â€ the judge directed.
The JM family â€” Ms Jane Wangari, Mr John Kariuki, Ms Rosemary Machua, Mr Gordon Kariuki, Ms Anne Muiruri, Mr Anthony Kariuki and Mr Mark Mwangi â€” went to court seeking the report to enable them seek redress.
Ms Wangari swore an affidavit stating that the family had asked the police to name the persons suspected to have participated in the murder and cover up of the death, but no response was given.
She said they had even written to the AG requesting an inquest into the mysterious death of JM, but no action had been taken.
Police claims that the file was destroyed could not be true, and it was a ploy aimed at subverting the course of justice and making a mockery of their quest to find justice for the death of the former legislator, said Ms Wangari.
â€œThe late JM Kariuki died under mysterious circumstances, raising a reasonable suspicion that some other person had committed an offence and the disclosure of that information will help determine the criminal offence,â€ she swore.
According to the family, the disclosure of the report will be essential for the protection, promotion, restoration, and delivery of justice, transparency and accountability in the administration of justice.
The family said that under the criminal procedure code, when a person dies under circumstances raising reasonable suspicion that an offence had been committed, the police were supposed to investigate, draw up causes of death and bring up criminal charges.
â€œSince the death of JM Kariuki, the police have failed, refused and neglected to bring to justice or cooperate in the bringing to justice persons suspected to have caused his death,â€ they said.
Sustain a charge
The AG, through State counsel Titi Ayiera opposed the petition, stating that the government was not involved in any cover-up or interference with investigations.
â€œNo specific government official has been linked to the murder. All allegations against the government lack basis, misconceived, untenable and a gross abuse of the court process,â€ he said, adding, investigations were done, but no evidence was found to sustain a charge.