Policemen convicted of Willie Kimani murder to appeal case

Three police officers and an informant convicted on Friday of killing lawyer Willie Kimani, his client and a taxi driver now intend to appeal after the sentencing on September 28.

The three former police officers Frederick Leliman, Stephen Cheburet, Sylvia Wanjiku and informant Peter Ngugi were found guilty of three charges of murder by Justice Jesse Lesiit.

Through their lawyers, led by Cliff Ombeta, the convicts say they are dissatisfied with the entire judgement and will be appealing the decision of the court on grounds it disregarded the clients’ defence.

Ombeta, who represents Cheburet and Leliman, speaking to People Daily said the two had proved to court that they were not involved in the commission of the offence of the murder.

“The judge erred in law while convicting the accused persons. She totally disregarded the defence evidence. For instance we had proved to the court that Cheburet was not involved in the commission of the said murder but was disregarded by the judge,” Ombeta says.

The lawyers added that Cheburet gave sworn testimony and was even cross-examined even though Justice Lesiit read in her judgement that the testimony was unsworn. “I believe that the court could not have read his defense because the court has come up with the conclusion that he gave an unsworn and he could not have been cross-examined on material facts. It is a lie,” Ombeta added.

In her judgement, Justice Lesiit also acquitted Sgt Leonard Mwangi, who was adversely mentioned in the trial in all three counts of murder for lack of evidence. 

“They had a common intention. I am satisfied beyond reasonable doubt that the prosecution has established that the accused persons were principal offenders and they acted in one common intention to commit the offences as charged, “ ruled justice Lesiit.

While convicting them, the judge said that the evidence adduced by the prosecution of their personal mobile phones and communication gadgets given by the National Police Service locks the accused persons at the scene of murder in Mlolongo, Machakos county. 

The data also demonstrated their journey and movement of dumping of the bodies in Athi River Kilimambogo, more than 100km away from the scene.

“The prosecution relied on technological and forensic evidence and the confession. Also phone call data from Safaricom and Airtel. The call sites were captured in the data, handset history, geographical locations and movements,” said the judge.

The mobile phone tracking technology also came in handy for the prosecution, as the investigators were able to collaborate the movements of the police informer and Ngugi’s confession that he was instructed by the officers to dump the taxi car at Kwa Mbira in Limuru, Kiambu county.

The court noted that investigators relied heavily on technology to place the accused persons at all points of interest in the murder trial including Syokimau police post, Mavoko law courts, Soweto Open field (scene of the murder), Limuru, Thika super highway, Thika-Garissa road and Athi River in Oldonyo Sabuk.

The judge also observed the defence evidence did not shake the prosecution evidence considering that one of the accused persons Ngugi confessed and gave details of how the murder was planned and executed.

Justice Lesiit noted that Leliman had a personal vendetta against Kimani’s client Josephat Mwenda due to a case that had been filed at the Independent Policing Oversight Authority (Ipoa) against his conduct, he had put his job on the line.

“I find that the first accused (Leliman) had a reason to silence the deceased because his job was on the line due to the case Mwenda lodged at Ipoa,” she said referring to an investigation by the agency over the officer’s conduct.

Chief architect

Lessit further ruled that Leliman, who had shot Mwenda during a police stop in 2015 was the chief architect of the murder and started planning the execution of the boda boda rider after the incident was reported to Ipoa.

The Judge stated that the prosecution provided evidence to prove that a meeting between Leliman and one of the accused officers at a bar in Machakos county took place and Leliman lamented that the case would get him sacked.

She also noted that Ngugi, the police informer distanced himself from the murder after he testified that he was tasked with tracking the Mavoko three after he was informed that police were investigating them.  According to the judge, the lawyer and the taxi driver were collateral in the execution of Muiruri. 

Lesiit directed that the case be mentioned on September 3, 2022, to confirm filing of probation and victim assessment reports and for further directions on sentencing and mitigation.

More Articles

---