The court yesterday ordered a trial within a trial in the case of murdered human rights lawyer Willie Kimani to decided whether a police informer is a suspect or witness.
Defence lawyers said Peter Kamau’s confession should not be admitted as evidence because he was coerced by the police.
Police said he was a protected witness because of the incriminating evidence he gave against four officers charged with murdering Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri in 2016.
Investigating officer Clement Mwangi said Kamau was booked into Thindigua police station because of the sensitive information he had given. He said police were protecting him. Kamau was booked under initials XYZ for security reasons.
He was arraigned in court the next day under a new initial KNP. The court allowed police not to disclose his identity.
Kamau’s lawyer Macera Kinyori opposed the confession presented by police, saying his client had been threatened and tortured before giving the statement.
Justice Jessie Lessit ordered for a trial to decide whether Kamau’s confession will be admitted as evidence.
Kinyori said her client was only fluent in Kikuyu, not English or Kiswahili.
The court heard that Kamau told police that he had an O-level certificate and was conversant with English, the language in which the confession was recorded.
Detective Geoffrey Kinyua who recorded the confession denied Kamau was forced to sign the statement.
He said Kamau volunteered and made the confession as he recorded because Kamau said he was comfortable reading English and not writing.
Kinyua said they ensured Kamau was mentally fit to make the confession. The case resumes today when two more witnesses are expected to testify in relation to the confession.
