Suspects in lawyer Willie Kimani’s murder file fresh plea for bail
What you need to know:
- The officers said they feel they are being punished already for the murder offence which is yet to be determined by court.
- Lawyer Cliff Ombeta said the officers will abide by any conditions that may be imposed by the court.
- The hearing of the case will continue Tuesday, July 21, 2020.
Four Administration Police officers charged with the murder of human rights lawyer Willie Kimani, his client and a taxi driver have filed a third application seeking to be released on bail pending the determination of their trial.
In an application certified as urgent, the officers said they feel they are being punished already for the murder offence which is yet to be determined by court.
Fredrick Leliman, Leonard Mwangi, Silvia Wanjiku and Stephen Chebulet also argued that they now risk dying should the coronavirus pandemic find its way to prison, “an eventuality that is very likely”.
“This matter is now part heard and more than half of the prosecution witnesses have given their evidence. The applicants shall not interfere with witnesses and investigations should any be carried out,” their lawyer Cliff Ombeta said in the application.
MURDER OFFENCE BAILABLE
While insisting that a murder offence is bailable, the lawyer said the officers will abide by any conditions that may be imposed by the court as a pre-requisite for granting them bond.
Mr Ombeta said all witnesses, who were under the witness protection programme, have since been heard.
The court directed them to furnish the prosecution side with the application so as the State can respond.
The officers have been in custody at Kamiti Maximum Prison since May 2016 when they pleaded not guilty to the murder of the lawyer who was attached to the International Justice Mission (IJM), his client Josephat Mwenda and taxi driver Joseph Muiruri.
THIRD BAIL APPLICATION
This is the third time the officers are making a bail application after the previous two requests flopped on grounds of the seriousness of the offence and the facts surrounding allegations levelled against them
While dismissing their application in a ruling issued in December 2016, Justice Jessie Lessit held that it would be a miscarriage of justice if the court took into consideration the rights of accused persons only and ignore public interest.
WITNESSES RECALLED
In another ruling made in May 2019 the court said nothing had changed on the grounds that informed denial of the bond in the earlier ruling.
At the same time, three prosecution witnesses have been recalled by the court for further cross-examination by the defence counsel.
The witnesses include a doctor and two police investigators.
The hearing of the case will continue Tuesday, July 21, 2020.
