Police officers accused of killing ‘Mavoko three’ seek to be freed on bond
The four administration police officers and an informer accused of murdering human rights lawyer Willie Kimani, his client and taxi driver on Tuesday applied for bond.
Their appeal was however opposed by the prosecution which argued that the accused went on rampage to kidnap, kill and destroy evidence.
Senior Sergent Fredrick Leliman, Sergent Leonard Mwangi Maina, Administration Police Constables Sylvia Wanjiku Wanjohi, Stephen Morogo and police informer Peter Ngugi are the accused in the case.
Lawyer Cliff Ombeta urged High Court Judge, Lady Justice Jessie Lessit to admit the five on bond saying it is their constitutional right under Article 49 of he Constitutional.
Mr Ombeta said the suspects are not a flight risk and not a threat to the intended prosecution witnesses.
The defence lawyer further said that the lives of the five are not in danger as alleged by the prosecution.
“None of the five suspects neither their relatives have volunteered any information to the authorities that they have been threatened. I urge this court to exercise its discretion in favour of the five suspects and release them on bond,” Mr Ombeta said.
But a deputy director of public prosecutions (DDPP), Mr Nicholas Mutuku, and lawyers Prof Ben Sihanya and Ahmed Jelle for the Law Society of Kenya (LSK) and for the families of the victims respectively opposed the bail request.
WENT ON RAMPAGE
“This is a unique murder. The police officers went on rampage to kidnap, intimidate, kill a human rights lawyer and destroy evidence. No witness will ever turn up in court once these suspects are out there on the streets,” Prof Sihanya submitted.
Mr Mutuku submitted the accused know the penalty awaiting them upon conviction is a death sentence and they are likely to interfere with the witnesses.
Mr Mutuku asked the court to take judicial notice of the extra-judicial statement by Mr Kamau implicating his co-accused.
The lawyers said some witnesses are under the witness protection urgency and may never appear in court to testify if the suspects are released on bond. Ruling on the bond plea will be made on December 8, 2016.