Court postpones sentencing of 3 cops, civilian found g****y in W***y Kimani murder case

By , K24 Digital
On Fri, 11 Nov, 2022 13:26 | 2 mins read
Lawyer Willie Kimani murder suspects at the Milimani Law Courts. PHOTO/Nancy Gitonga

The sentencing of three cops and a civilian found guilty of the murder of lawyer Willie Kimani, his client Josephat Mwendwa and taxi driver, Joseph Muiruri has been set for December 16.

The much-awaited verdict was scheduled to be rendered today Friday, November 11 by Justice Jessie Lessit.

However, Justice Daniel Ogembo who was holding a brief on behalf of Justice Lessit who was promoted to the Court of Appeal, told the parties Lesiit is away on official duties and will be available on December 16.

Justice Ogembo further allowed a request by the three officers Fredrick Leliman, Stephen Cheburet, and Sylvia Wanjiku, and informer Peter Ngugi to file any further submission on the sentencing.

The court also stated that Lawyers of Leliman and Cheburet will be allowed to appear before Justice Lessit to highlight their submissions sentencing before the verdict is rendered

Lessit is expected to sentence the four accused persons after considering the victims' impact assessment report, the prosecution submissions, and the mitigation of the officers.

However, Justice Ogembo has ordered Cheburet to be presented to Industrial Area Remand Prison clinical officer for a medical check-up.

This after Cheburet asked the court to make orders compelling prison officers to provide him with a special diet.

The officer told the court he has been surviving on ugali alone as his stomach has refused to take in any food while in prison.

Chebureti, however, asked the court to order the prison facility to provide him with milk so that he can use it to accompany the ugali.

"Mimi nikiwa jela mwili yangu imekataa chakula kabisa. Chakula natumia tu ni ugali na hiyo ndio chakula yangu. Wakipika githeri sikuli. Naomba koti ipate kunisaidi nipate kupewa cabbage, viazi, ugali na maziwa," Chebureti said.

"On the issue of diet by Chebureti, I have suggested that since it's a matter that involves medical observation, the accused be presented before the prison in charge clinical officer if there is any recommendation to be made by the clinical officer he will do so, " Justice Ogembo directed.

Court finds accused persons guilty

The accused persons were found guilty of murder on July 22 following years of hearing within the corridors of justice.

Lawyer Kimani, his client Josephat Mwendwa and taxi driver, Joseph Muiruri were killed by the four in 2016.

The victims were kidnapped after leaving Mavoko Laws Courts on June 23, 2016.

Days later, their bodies were found dumped at Ol Donyo Sabuk river.

While convicting them, Justice Lessit ruled that the prosecution had proven that the four acted with the common intention of harming the lawyer, his client, and their taxi driver.

Notably, one officer - Leonard Mwangi - was acquitted as Justice Lessit ruled that there was insufficient evidence linking him to the murder.

The case of lawyer Kimani dates back to 2015 when his client and boda boda rider, Josephat Mwenda was accidentally shot by officer Fredrick Leliman.

Mwenda's decision to seek justice over the shooting incident saw him become a victim of threats and intimidation from officer Leliman.

Lawyer Kimani took up Mwendwa's case in 2016 after the intervention of the International Justice Mission (IJM).

The boda boda rider had been falsely accused of violating traffic laws and charged in court in a bid to drop complaints against Leliman.

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