•The three witnesses in the case include a survivor of the fatal shooting of Janet Waiyaki who was with her in the car and her husband.
The High Court will tomorrow rule whether it will recall three key witnesses in the trial of two policemen accused of killing a businesswoman at City Park last year.
Defence lawyers said they are new in the case and had just just been given instructions in the matter.
The lawyers yesterday told Justice Stella Mutuku that their two previous colleagues, two represented the accused, had left many gaps. They said it will be in the interest of justice to have the witnesses questioned further to enable the court make a proper determination.
Janet Waiyaki was dead on May 20 last year at City Park. She succumbed to gunshots wounds while a relative - Bernard Chege - who was with her at the time of the shooting, was left fighting for his life.
Chege has since testified against Administration Police officers William Chirchir from Makadara police station and Godfrey Kirui from Industrial Area police station, who are on trial over Waiyaki’s murder.
Chege's mother Faith Wangeshi and Waiyaki's husband George Kirubi testified in February.
Yesterday, the prosecution intended to call other witnesses among them two police officers who visited the scene soon after the shooting.
It is alleged that the suspects fired 15 bullets into the vehicle that Waiyaki and Chege were in on that Sunday morning before Chege was rushed to hospital.
Chirchir and Kirui have since fired their former lawyers Ham Lagat and Felix Kiprono. They have instructed their new lawyers to represent them. The lawyers are also representing the officers in a case in which they face charges of attempting to murder Chege.
Their lawyer was on Monday allowed to peruse the file after informing the court that he was having difficulties getting committal bundles from Lagat and Kiprono “who want to be paid exorbitant fees before they release the file.”
"There are several issues that need to be determined including corroboration and competence of witnesses, the lawyer told the court yesterday.
He said he was not comfortable to proceed with the case until he has his day with the three key witnesses.
His application was, however, rejected by the prosecution and the victims’ lawyer who said they were ready to proceed. They also faulted the defence teams for failing to specifically state what they needed to cross-examine the witness on.
"I don’t understand why the lawyers ignored them and failed to cross-exam witnesses," the lawyer said.
He said instead they dwelt on matters that are not relevant in the trial and urged the court to allow him further to cross-examine the three.
"An advocate can easily kill his client's case,” he submitted.
The judge will rule on 28.
(Edited by P. Wanambisi)