A police informer who reportedly confessed the killings of human rights lawyer Willie Kimani, his client and a taxi driver now wants a judge to review her decision on the confession.
Mr Peter Ngugi, through his new lawyer, Tuesday told the High Court that the confession should not be admitted as part of evidence because its recording was not procedural.
But the prosecution, led by Mr Nicholas Mutuku and victims lawyer Ben Sihanya, opposed the application, saying the court cannot review the decision and the only available remedy is to appeal.
Mr Ngugi together with police officers Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Mr Leonard Maina Mwangi have denied killing Kimani, Josephat Mwenda and Joseph Muiruri.
The three were kidnapped after leaving Mavoko law courts on June 23, 2016. Their bodies were found a week later in River Athi near Donyo Sabuk.
The three were arrested and briefly held at Mlolongo AP post before they were taken to an open field and tortured to death.
Their bodies had fractured skulls and injuries on the chest, neck and face.
They were ultimately bludgeoned to death using blunt objects on their head.
There were also wounds on the victims’ hands, meaning that their hands were tied during the ordeal.
Mr Peter Ngugi, who made the confession, had opposed the use of the 21-page statement. He allegedly confessed before Chief Inspector Geoffrey Kinyua on August 9, 2016 at DCI headquarters, saying that he was tortured and promised goodies to confess.
But Justice Lesiit dismissed claims of torture or assault, threats or intimidation, adding that the confession was taken in accordance with Evidence (out of Court confession) Rules.
She said Ngugi was cautioned twice and the police gave him time, waiting for his brother to come. The Judge said after the statement was written and read to him and was informed of the right to alter, correct or change, he went ahead and signed it.
Justice Lesiit will rule on the application on September 18.