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Former Mlolongo Officer Commanding Station (OCS) Stephen Lelei has now been summoned to Machakos High Court to take a murder plea.
Lelei will take plea on May 21 for the killings of two people alongside his junior, Fredrick Lelman, who is already facing other murder charges, according to a recommendation by the Independent Police Oversight Authority.
IPOA wants Mr Lelei and Mr Lelman charged with the murders of Elizabeth Nduku and Jacob Mbai on March 27, 2016.
Lelei had applied for an anticipatory bail but IPOA opposed the move and successfully argued before the court to have him summoned for the process.
Lelei who was feted for rescuing victims during the Westgate terror attack in 2013 has denied participating in the killing of the two.
Nduku and Mbai were killed days before the murders of lawyer Willie Kimani and his two associates, for which Lelman is on trial.
Lelman and his colleagues Leonard Mwangi, Sylvia Wanjiku and Stephen Cheburet have been charged with the murder of Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri.
The bodies were found dumped in Oldonyo Sabuk in Athi River. The suspects are still in custody.
Lelei defended himself over accusations of involvement in the 2016 murders, saying he was wrongly indicted. Lelei, who was feted for his bravery during the Westgate Mall siege in 2013, said he was not questioned to explain the circumstances surrounding the case.
But IPOA argued he was asked if he would record his statement but chose not to do so and that he signed for the same.
“I was not at the scene of the shooting and all the 10 guns that were tested, including mine, turned negative. I don’t know how they arrived at the conclusion I was involved. We will challenge this,” he said.
Lelei said he arrived at the scene long after the incident had happened. He said he intends to raise the issues in court.
IPOA had last month also recommended that six General Service Unit (GSU) officers be charged with the murder of Mary Kiprotich in Ndindika, Laikipia County.
The officers have been identified as Inspector Harrison Mwa, Corporal John Musau and Constables Linus Terer, Joseph Mureithi, David Kipkemoi and Magdalene Nachapai.
The Director of Public Prosecutions also directed that Constable Bernard Gachau, who was attached to the North Horr Police Station, be charged with allegedly assaulting Ali Bonaya, leading to his death.
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This is the largest single number of officers to be charged at the same time.