A government pathologist has ruled out claims that Embu brothers Benson Njiru Ndwiga and Emmanuel Mutura Ndwiga died after falling from a moving motor vehicle, telling the court their injuries pointed to severe blunt force trauma.
Testifying as the seventh prosecution witness, the doctor said he conducted postmortem examinations on the two brothers on August 5, 2021 at Embu Level 5 Hospital, in the presence of relatives and police officers.
On Emmanuel, aged 19, the doctor told the court that the body was well preserved and dressed in a green T-shirt, black trousers, multicolored socks and blue-and-white innerwear. His clothes were intact and not torn. Externally, he had extensive bruises on the face and neck, including a 17-by-10 cm bruise on the right side and another measuring 7-by-10 cm on the lower jaw area. There was also blood oozing from his ears and nostrils.
Internally, the pathologist found multiple fractures across the skull, including the base, upper and lower jaws. The brain had extensive lacerations and maceration. Other organs, including the respiratory and genital systems, were normal. He concluded that Emmanuel died from severe head injuries caused by blunt trauma, stressing that the pattern of injuries was inconsistent with a fall from a moving vehicle.
On Benson, the older brother, the court heard that he was dressed in a green-and-grey jumper with blood stains, a maroon T-shirt, grey-black trousers, checked innerwear, black socks and a yellow bracelet. His hair was dusty brown and blood-stained. Externally, he had a dislocated right shoulder, a compound fracture on the tibia and fibula, a dislocated left knee, chest and abdominal injuries, as well as obvious facial and skull deformities. No defensive wounds were observed.
Internally, Benson’s body revealed multiple posterior rib fractures and severe skull fragmentation with brain lacerations. The pathologist noted that his body bore contact marks suggesting dragging on a rough surface. He concluded that Benson died from multiple injuries caused by blunt force, and ruled out the possibility of a fall from a moving vehicle.
Under cross-examination by lawyer Danstan Omari, representing some of the accused officers, the doctor admitted that a fall from a moving vehicle could sometimes cause multiple injuries, but added that such incidents usually result in localized trauma, torn clothing and rolling patterns on the body. He maintained that the injuries on both brothers did not match that scenario.
The postmortems were conducted three days after the brothers were reported dead, between the night of August 1 and 2, 2021. Police at the time claimed the siblings had jumped out of a moving vehicle while being transported to Embu Police Station for violating COVID-19 curfew rules. Their bodies were later found on Kiriari Road.
The deaths of the two brothers sparked outrage in Embu and across the country, with their families accusing police of brutality and cover-up. Several officers were later charged in connection with the incident.
The doctor’s testimony now adds weight to the prosecution’s case, after confirming that the pattern of injuries was not consistent with a road traffic accident, but with deliberate blunt force.
Benson Njiru Ndwiga (22) and his younger brother Emmanuel Mutura Ndwiga (19) died on the night of August 1, 2021 after being arrested in Kianjokoma, Embu County, for allegedly breaching COVID-19 curfew rules.
Police initially claimed the brothers jumped from a moving vehicle while being taken to Embu Police Station, but their bodies were later found at Embu Level 5 Hospital morgue with severe injuries.
The incident sparked days of protests in Embu, prompting the arrest and charging of six police officers with murder. The case has since been heard at the Milimani High Court, where pathologists and other witnesses have been testifying.
