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City Park shooting: Lawyer seeks to question witnesses afresh

Wednesday June 26 2019

Bernard Chege of City Park shooting

Bernard Chege, the survivor of a police shooting at City park, Nairobi, in which his aunt Janet Waiyaki was killed, testifies at the Milimani Law Courts on February 6, 2019 during the hearing of the case. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP 

SAM KIPLAGAT
By SAM KIPLAGAT
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A lawyer representing two police officers accused of shooting and killing a woman at Nairobi's City Park in 2018 wants to recall three witnesses for cross-examination.

The advocate told the court on Tuesday that he identified gaps after taking over from another advocate in the case that concerns businesswoman Janet Waiyaki's killing.

He said the witnesses - among them a survivor and Ms Waiyaki's widower - should be recalled for further cross-examination.

FIRST WITNESS

The widower, Mr George Kirubi, was the first prosecution witness.

He earlier told High Court judge Martha Mutuku that he arrived home to find his wife missing.

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Mr Kirubi said calls to her phone went unanswered.

He said he later learned that she had been shot dead and his nephew Bernard Chege, the survivor, admitted in the intensive care unit at Avenue Hospital.

CHEGE'S ACCOUNT

Mr Chege and his mother Ms Faith Wangeci also testified in the trial.

Mr Chege said he, Ms Waiyaki and a friend identified as Koome spent the entire night of May 19 at Pangani shopping centre, chewing miraa (Khat).

Mr William Chirchir, an Administration Police officer based at Makadara Police Station, and Mr Godfrey Kirui of Industrial Area Police Station, are the suspects in the case.

They have denied charges of murdering Ms Waiyaki, 41, at City Park on the morning of May 20, 2018.

It is alleged that the officers fired 15 shots into a vehicle at the park in which Ms Waiyaki and Mr Chege had been trying to sleep.

Mr Chege said he was in the driver's seat while Ms Waiyaki was in the backseat when the shots were fired.

OBJECTION

In court on Tuesday, the prosecution rejected the lawyer's application, noting readiness to proceed with the trial and that he had not specified the areas he wished to tackle during the fresh cross-examination.

The prosecution had intended to call two police officers who visited the scene soon after the shooting.

Justice Mutuku will rule on the application on June 28.