City lawyer Willy Kimani’s murder case to resume in February
Four Administration Police officers and an informer accused of killing human rights lawyer Willy Kimani, his client and a taxi driver will remain in custody until February 13, 2017 when their trial resumes.
Justice Jessie Lessit directed that the case against the five proceed until it is determined, without being adjourned.
Trial judge Ruth Sitati had earlier fixed the case for hearing on January 9, 2017, but it was adjourned to enable her to attend official functions within that month.
Justice Lessit was told by the prosecution, led by Deputy Director of Public Prosecutions Nicholas Mutuku that 58 witnesses had been lined up. Two witnesses have given evidence so far.
Justice Lessit was further informed that some of the witnesses were under the witness protection agency and that the trial should be fast-tracked.
The suspects’ bail application was rejected on December 8.
In her ruling, Justice Lessit rejected the application, saying they would intimidate and interfere with witnesses “in this case of immense and astronomical public interest”.
She said victims were professionals, who were pursuing their call of duty when their lives were cut short.
“The accused are not civilians but officers who swore to protect the lives of people, and property and ensure peace prevails.”
The judge said though Senior Sergeant Fredrick ole Leliman, Sgt Leonard Mwangi Maina, Constable Sylvia Wanjiku Wanjohi, Constable Stephen Morogo and police informer Peter Ngugi Kamau were presumed innocent until proved guilty, testimony by the Director of Public Prosecutions during the bail application “showed they abdicated duty and meted out brutality in executing the three.”
The five have denied killing the three on June 23, at Soweto in Mlolongo, Machakos County. Lawyer Cliff Ombeta, for the accused, had applied for their release on bond, saying it is their constitutional right.