•This is the third attempt at making the bail application in the hope of getting released.
•Mutuku dismissed the argument by the defence that all the protected witnesses have testified so there is no risk if they are released.
The DPP says the life of the accused persons in the Willie Kimani murder case will be at risk if they are released on bail.
The four AP officers and a police informer have made a fresh bail application before the court in a bid to get freedom.
This is their third attempt at applying for bail as the case comes to a close with only two witnesses remaining for the prosecution to finish their case.
However, the prosecution has asked the court not to grant them bail because of their own safety due to the seriousness of the offence.
Assistant DPP Nicholas Mutuku told Justice Jessie Lessit on Tuesday that the life of the accused persons will be at risk if they are released.
Mutuku said when the murder occurred in 2016, there were protests and a police facility was burnt down by an angry mob.
"If they hear that the accused persons have been released out there, they may react again" Mutuku said.
Mutuku further noted that this is the third time the accused are applying for bail seeking to review the court’s rulings made in 2016 and 2018.
Mutuku dismissed the argument by the defence that all the protected witnesses have testified so there is no risk if they are released.
He said nothing has changed so far even if the majority have testified, considering that they might have been released from witness protection.
The prosecutor said all the witnesses draw their comfort of safety by the fact that the accused are still in custody.
Justice Lessit also heard that the accused might run away because the evidence produced so far links them to the murder of the three victims.
“We have tendered volumes of evidence to link the accused to the killings, hence chances of absconding are still very high,” the court heard.
Mutuku further opposed their ground that they should be released because of Covid-19 that has affected them in jail.
The defence had argued that the coronavirus has made is it hard for them to see the accused while in prison and some of them have tested positive.
On the Covid-19 grounds, Mutuku said that is not good enough because people have contracted the virus elsewhere.
“They tested positive your honour but they were managed while in prison; it's proof that prison management can handle the Covid 19 situation. It cannot be a compelling aground,” Mutuku said.
In response, the defence argued that the state has not proved how the accused will interfere with witnesses, adding that it is just a speculation.
They argue that every offence is bailable and they should be released on bail pending the conclusion of the case.
In the case, four Administration Police officers - Fredrick Leliman, Sylvia Wanjiru, Leonard Mwangi and Stephen Cheburet alongside police informer Ngugi - were charged with the murder of Kimani, his client Josephat Mwenda and driver Joseph Muiruri.
The victims' bodies were found in River Ol Donyo Sabuk.
The case resumes on Friday when witness number 44 will take the dock.