High Court Blocks Prosecution From Playing Video In Lawyer Willie Kimani Murder Case

Last week, Kenya Insights highlighed how City lawyer Willie Kimani His client Josephat Mwenda And Taxi Driver Joseph Muiruri Were Suffocated To Death.

The victims were kidnapped after leaving the Mavoko Law courts on June 23, 2016. A week later, their bodies were retrieved from the Athi River, near Donyo Sabuk police post, stashed in gunny bags.

The presecution team later on recorded the witness confession and the video submitted as evidence in the ongoing case of one of the most gruesome cold blood murder by uniformed cops.

However, the prosecution in the trial of suspects charged with the murder of lawyer Willie Kimani and two others suffered a blow  after the trial Judge recanted a submission to play a video of the crime scenes.

In the video that was documented by assistant superintendent of Police Joseph Muindi, captured Peter Ngugi, a former police informer explaining how the victims were executed and the places they were murdered in cold blood.

The prosecution stated that the rejected video evidence was part of the proof the prosecution relied on to ascertain the court that the accused persons were involved in the vicious murder.

Justice Jessie Lesiit however declined to allow the prosecution play the video, stating that there was no proof that the Police officer complied with the rules and procedures of the Evidence Act.

“It was a mistake for the investigating officer, Mr Clement Mwangi, to be present at the scenes, when Mr Muindi recorded the accused person.” Justice Lessit said

According to the Justice Lessit, the presence of the investigating officer was a;

“compulsory oral examination of the accused person in total disregard of the law and rules of evidence.”

Last week, Mr Muindi told the court that he was approached by Mr Mwangi to record Mr Ngugi as part of event reconstruction.

Former Police Informer Peter Ngugi in Court Photo|NMG

On his defense, the accused one Mr Ngugi through his lawyer Kevin Michuki, challenged the creation of the video evidence compelled on August 10, 2016, opposing that the court should not allow him to implicate himself.

Four police officers Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Leonard Maina Mwangi, and Mr Peter Ngugi the police informer are facing the murder trial.