One of the accused in lawyer Willie Kimani’s murder case on Tuesday fired his lawyer in open court, saying he wants a man, not a woman.
Police informer Peter Ngugi whose confession will be used by the prosecution told the court that he did not have faith in his lawyer Nelius Kinyori.
This came even as the court adjourned the hearing to October after defence lawyer Cliff Ombeta failed to appear because of an illness.
Four APs Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku, Leonard Mwangi and Ngugi, have denied murdering human rights lawyer Willie Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri.
Ngugi was to give a detailed account of the murder when Ombeta fell ill and then he himself said he wanted a different lawyer —significantly delaying the murder trial of the police officers.
The victims' lawyer Fred Ojiambo said this change-of-lawyer might be a way for the accused to scuttle the case further and said no lawyer or accused should be allowed to carry on with "shenanigans" to undermine the legitimate process.
Judge Jessie Lesiit allowed Ombeta’s application for an adjournment of three days bed rest but directed the lawyers to take new dates in October.
While the lawyers were taking dates including Kinyori, Ngugi kept raising his hand to get the attention of the court.
Lesiit asked Kinyori what was bothering her client, and she told the court that Ngugi was no longer in need of her services.
The police informer told the court that he was no longer comfortable with how she was handling the case and wanted the state to provide a new lawyer.
He said he would prefer a male lawyer "like Sam Nyaberi", who was holding brief for Ombeta.
But the judge told him he would be assigned a lawyer by the state unless he was willing to pay for his own lawyer.
Pro bono lawyer Kinyori told the court that Ngugi wants things that are not in law, causing the difference between them.
Judge Lesiit allowed the application for a new lawyer.
This changes the dynamics — and timeline — of the case as the new lawyer needs to familiarise himself with the case in which 38 witnesses have already testified.
However, victims' lawyer Fred Ojiambo says that in law Ngugi cannot purport to choose a pro bono lawyer. He should accept any lawyer given to him by the state.
The victims are going through great trauma with the continued delay of the case, he said.
The case will be heard from October 7 when Ombeta is expected to be well and ready to continue.
Judge Lesiit has also directed that the matter be mentioned on July 24 for the court to get a medical report on Ombeta’s health and how he is faring.
On Friday last week, Ombeta refused to divulge the details of his medical condition and said he would be going for further checks on Monday.
Through lawyer Nyaberi, Ombeta produced a medical report by Dr Oscar Onyango an ophthalmologist, or eye doctor, confirming his ailment and need for bed rest.
The prosecution did not oppose the application for adjournment saying the medical document shows he was sick and resting.
The case was scheduled to be heard from last week and this week but stalled due to Ombeta's illness.
Edited by R.Wamochie
