The High Court has ruled in favour of the prosecution after it allowed use of the confession made by one of the suspects in the murder of lawyer Willie Kimani and two others.
The confession, narrating how the chilling murders were carried out, was made by Peter Ngugi, a police informer who has been charged together with four Administration Police officers.
The court has also declined to release the four officers on bond.
In the first application, the prosecution wanted the confession used as part of the evidence.
In his submission, Deputy Director of Public Prosecutions Nicholas Mutuku told the court that the confession by Mr Ngugi had been made voluntarily. He dismissed claims by Mr Ngugi that he was tortured to confess the killings.
Mr Ngugi, through his lawyer Nelius Kinyori, claimed that he was beaten by police officers to confess. She said that the accused person was saved by one of the police officers, identified as Clement Mwangi, from the beatings.
Ms Kinyori further told the court that Mr John Mburu, a younger brother to Mr Ngugi, whom he nominated to be present during the confession, was a class three dropout and didn’t understand English.
The lawyer said that her client was also induced with promises of a monthly fee of Sh30,000 plus other benefits had he cooperated with the police.
This, she said, was against the rules of evidence and should not be admitted. She further said it is not clear whether Mr Ngugi was cautioned and his rights explained to him.
THE FOUR APs
Mr Ngugi is said to have recorded the 21-page statement, detailing how Mr Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri were killed.
The statement was allegedly recorded before Chief Inspector Geoffrey Kinyua on August 9, 2016 at DCI headquarters.
Other than Mr Ngugi, four Administration Police officers Fredrick Leliman, Mr Stephen Cheburet, Ms Sylvia Wanjiku and Mr Leonard Maina Mwangi, are charged with the three murders.
The four police officers pleaded to be release on bond saying they would abide by any condition set.
Mr Mutuku, however, urged the court to dismiss the application arguing that the compelling circumstances still exist, even though key witnesses have testified.
He said they have tabled before court overwhelming evidence against the accused persons and who are likely to flee if released. He said it is not the right time to review bail because their release might cause anxiety and apprehension among witnesses who have since testified.
The accused persons had been making a second attempt to be released on bond. In December 2016, Justice Jessie Lesiit dismissed their application saying there exists strong compelling reasons why they should not be released on bond.
Mr Kimani, Mwenda and Muiruri were kidnapped after leaving the Mavoko law courts on June 23, 2016.
They later disappeared only for their bodies to be retrieved one week later, from the Athi River, near Donyo Sabuk police post.
Their bodies had been stashed in gunny bags and thrown into the river.