• Prosecution argues evidence is credible and was recorded voluntarily
• Defence says Ngugi was tortured into signing the confession
The High Court is today set to rule on the admissibility of a contested confession produced by the prosecution in the Willie Kimani murder trial.
Justice Jessie Lesiit on February 18 ordered a trial within a trial to determine whether a 22-page confession allegedly attributed to police informer Peter Ngugi, the fifth accused, would be used in the case.
The evidence is inculpatory in nature (attributes liability on the person making the statement).
The court will rule on whether confession evidence that details where and how the gruesome murders were committed will be admitted in court.
Four Administration Police officers Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Leonard Maina Mwangi and Ngugi have pleaded not guilty to the charges of murdering lawyer Willie Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri.
The prosecution has asked the court to allow it to use the confession statement to prove that the murder of the International Justice Mission lawyer was premeditated.
The prosecution says the confession is key to the trial and will assist the court in making a proper determination.
Chief Inspector Geoffrey Kinyua initially wanted to read the statement to the court on February 14, arguing that Ngugi had approached him through his colleague on August 9, 2016, at 11am claiming to have a confession to make.
He said the statement was recorded in English with Ngugi explaining how the Kimani murder plot was hatched and executed in finer details.
But the defence wants it disallowed in its entirety, arguing that Ngugi produced the statement under duress. It argues the former police informer was tortured by officers to extract the confession.
It also claims Ngugi is uneducated and does not understand English, hence could not have recorded the statement.
He did not understand what he was signing for, the defence argued.
The court will also rule on whether to release the four police officers on bail.
The four renewed their bail application in February, arguing that key witnesses have already testified. The prosecution has already called 38 witnesses to testify against the accused.
In addition, seven other witnesses testified in the trial within trial ordered by the court.
The ruling will be delivered at 9am at the Milimani law courts.
The trial is being keenly monitored in human rights circles with the hope that its outcome will boldly confront police brutality, extrajudicial killings and impunity.
(Edited by R.Wamochie)