NAIROBI, Kenya, Jul 22- After a 6-year painful wait for relatives and colleagues, the High Court has found three police officers and a civilian guilty of killing lawyer Willie Kimani, his client Joseph Mwenda and their driver Josephat Muiruri.
The three were abducted, tortured, and later killed on June 23, 2016, while leaving the Mavoko law courts.
A week later, and after a series of protests by lawyers and human rights organizations, their decomposing bodies were found dumped at River Ol Donyo Sabuk. They had all been wrapped up in a gunny bag
The accused, senior Sergent Fredrick Leliman (1st accused), Stephen Chebulet (2nd accused), Sylvia Wanjiku (3rd accused), and a civilian Peter Ngugi (5th accused) were found guilty of the murder of the three.
The fourth accused, AP Leonard Mwangi, was acquitted of all three counts of murder.
“There is no ground not to accept the pathologist’s evidence. I am satisfied that the prosecution’s case as to the cause of death was clear and confirms that the deceased’s persons were murdered,” Judge Justice Jessie Lessit said.
Lessit, was appointed Court of Appeal Judge in the course of the trial but retained the matter following an administrative decision.
The court further established that Mwenda- Kimani’s client- was harassed by the first accused and needed protection from IPOA.
Justice Lessit said that the prosecution had proven the case against the four beyond a reasonable doubt.
As a result, the court found that they were guilty of all three counts of murder.
“I accordingly reject their defenses find them guilty as charged and convict them accordingly under section 322 of the criminal procedure Code,” Justice Lessit said.
Justice Lessit said she had established Leliman had a motive to murder the second deceased, Joseph Mwenda.
“I find that the first accused (Leliman) had a reason to silence the deceased because his job was on the line due to the case Mwenda lodged at IPOA,” she said referring to an investigation by the Independent Policing Oversight Authority (IPOA) over the officer’s conduct.
The other convicts, Chebulet and Wanjiku, and Ngugi were found to be principal offenders.
The sentencing date will be given once a victim assessment report is finalized, the Judge said.
The four convicted persons have 14 days to appeal the ruling.
Some of the crucial exhibits the judge analyzed included phone data records, mobile phone companies’ cell site analysis, and DNA samples of the accused persons.
Others are the confession statement given by Ngugi and evidence generated from CCTV cameras from the high-tech Communication Command Centre(C3) and the motor vehicle recognition technology.
“This landmark decision will send a strong message to rogue police officers who abuse their powers that they will be held accountable under the law,” IJM-KENYA Country Director Benson Shamalla said in a statement.
“We are encouraged that the Chief Justice is at the forefront in pushing for fast-tracking of cases that will see an end of case backlogs. We support the Chief Justice’s call that cases should be concluded within three years.”
He added, “We thank the Judiciary, ODPP, LSK, and all investigating agencies for their hard work and diligence in the six years of trial. We want to thank civil society organizations especially Police
Reforms Working Group and Missing Voices for advocating for justice in this and many other cases.”
“Indeed, justice for our friends Willie, Joseph, and Josephat could not have been effectively
achieved without their collective efforts towards the timely arrest and prosecution of the five people.”
Hon. Lady Justice, Jessie Lessit, while reading the judgment, said that the case will be mentioned on September 23, 2022, to confirm the victim impact statement and for further directions.
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