- Court conducted trial within a trial and ruled confession was admissible as evidence
- But Ngugi changed his lawyer and now wants the confession dropped
The Director of Public Prosecutions has opposed an application by one of the accused persons in the Willie Kimani murder for review of the order allowing his confession to be used as evidence.
Peter Ngugi had urged judge Jessie Lessit to review her earlier ruling allowing his confession.
The court had called for a trial within a trial to determine whether his confession would be allowed as evidence. The judge ruled that the confession was admissible and would be used.
Ngugi who got a new lawyer after firing the previous one now wants the court to review its own ruling on the confession and not admit it as evidence.
He argues that the confession was taken in Swahili and translated into English which he does not understand.
However, the DPP has asked the court to dismiss Ngugi's application arguing that they followed all the necessary procedures in writing the confession.
The prosecution says the LSK and Kenya National Commission of Human Rights were involved in the process as required under confession guidelines.
Deputy DPP Nicholas Mutuku said there is no law that allows Lessit to review her own ruling.
Lawyer Ben Sihanya also opposed the application by Ngugi, saying no authority had been cited to justify a request for review.
The confession statement in question details how all the accused persons conspired to kill lawyer Kimani, his client and a taxi driver in 2016.
Four police officers Fredrick Leliman, Leonard Maina, Stephen Chebulet and Silvia Wanjiku are accused of killing the three in cold blood.
The bodies were found stashed in gunny bags in a river in Ol-Donyo Sabuk, Machakos county.
A diver who found the bodies told the court of his two-day horrific experience.
John Mwaniki said the bodies were tied at their waists, while their heads had been tied with plastic bags.
The bodies had started decomposing and blood oozed from their mouths and noses. Mwaniki told Justice Jessie Lesiit he had gone for a bath in the river when he saw “a strange thing” floating. He decided to go closer to find out what it was.
He saw legs protruding from a gunny bag. “I swam out immediately to call my friend Patrick,” Mwaniki said.
The two friends agreed that Mwaniki would rush to call the police while Patrick would watch over the body. He reported but police did not take action, he said.
The following day Mwaniki and his friend went back to the scene and were shocked to see a second sack floating a few metres away from where the first body still remained.