Man charged with murder of three, lawyer calls for suspect's release
From Left: Administration Police officers Stephen Marogo, Sylvia Wanjohi, Leonard Maina and Fredrick Ole Leliman before a Nairobi court on September 15, 2016. They are charged with triple homicide of Willy Kimani, his client and taxi driver. Another suspect was charged in court on September 20, 2016. PHOTO | PAUL WAWERU | NATION MEDIA GROUP
What you need to know:
- All the suspects denied the charges and defence lawyer Cliff Ombeta applied that Mr Mwangi be released on bond on medical grounds.
- Justice Lessit directed Mr Ombeta to supply prosecutors with a copy of the application for a response before the hearing of the bail plea on October 12.
- Pathologist Andrew Kanyi, who presented the post-mortem reports to a judge, said Mr Kimani, 32, was tortured by his killer(s).
A fifth suspect has been charged with the murder of human rights lawyer Willy Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri three months ago.
Peter Ngugi Kamau was arraigned before High Court Judge Jessie Lessit and denied the triple murders.
At the same time, Assistant Director of Public Prosecutions Nicholas Mutuku consolidated the case of Mr Kamau with that of four administration police officers, who were arrested and charged on July 2016, after a week-long court boycott by more than 5,000 advocates.
The joint charge reads that Mr Kamau, Syokimau Administration Police officers Fredrick ole Leliman, Stephen Cheburet Morogo, Sylvia Wanjiku Wanjohi and Leonard Maina Mwangi murdered Mr Kimani, Mr Mwenda and Mr Muiruri in Soweto, Mlolongo, Machakos County, between June 23-24.
All the suspects denied the charges and defence lawyer Cliff Ombeta applied that Mr Mwangi be released on bond on medical grounds.
In the bail application filed under a certificate of urgency, Mr Ombeta says the officer has a chest condition that requires constant medical attention, which is not available at the remand home.
“I urge this court to admit to bail Mr Mwangi whose continued detention is unconstitutional and an infringement of his fundamental rights as provided for under Article 49 (1)(h) of the Constitution,” Mr Ombeta urged.
He further said that Mr Mwangi had worked as a police officer for 15 years, and has no other criminal record, adding that the married father of two is not a "flight risk".
Justice Lessit directed Mr Ombeta to supply prosecutors with a copy of the application for a response before the hearing of the bail plea on October 12.
Meanwhile, Mr Mutuku told Justice Lessit that over 40 witnesses have been lined up to testify against the five.
HARROWING DEATH
Further, he said a majority of the witnesses are still under the witness protection programme.
However, Mr Ombeta told the court his team was "yet to receive the witness statements”.
The judge directed that all the statements be supplied to the defence lawyer before the case is heard on November 7, 2016.
"All those witnesses who are under the witness protection agency will continue to be protected until they testify in court," Justice Lessit directed.
She also allowed lawyer Evans Ondiek to file an application seeking to have the taxi that the murdered trio used to be released to the owner.
Pathologist Andrew Kanyi, who presented the post-mortem reports to a judge, said Mr Kimani, 32, was tortured by his killer(s).
"He had 14 injuries on various parts of the body, the head had extensive fractures on the skull and the testicles were crushed," he said.
"The cause of death was due to head injuries occasioned by blunt object trauma," he said.
Dr Kanyi said Mr Muiruri died under similar circumstances.
"A rope was tied around his neck and he died from asphyxia. He also had head injuries occasioned by blunt force trauma." the doctor said.
Edited by Philip Momanyi
