Nairobi Law Court [photo: Citizen TV]
Oct, 28th 2020 – LSK and families of Rights’ lawyer Willie Kimani and two others who were abducted and murdered in 2016, have asked the High Court to reject a renewed bid by the accused persons to be freed on bail.
Lawyer Cliff Ombetta however argued that even though the case is a murder case, it was bailable. council also submitted that the applicants submitted themselves to the police and kept reporting duly during the investigations. Mr. Ombetta urged the court to consider that the applicants did not flee even when they had the opportunity to do so.
Deputy Director of Public Prosecution Nicholas Mutuku told Justice Jessie Lessit that fresh applications filed by the accused persons is yet another attempt to delay the trial which is almost coming to an end.
The prosecutor said the lives of the accused would be at risk if released now. The prosecution said the court has twice denied the five bail because of the seriousness of the case and that nothing has since changed.
Counsel noted that there are witnesses under witness protection with others being police officers where the accused persons worked. some had already testified on camera and it would be threatening if the accused persons were to be released on bond to mingle with the society with the witnesses.
According to Criminal Case no. 57 of 2016, Mr. Mutuku argued that the accused persons knew the probable witnesses for the prosecution in case and it was important to protect the witnesses as they were in fear of being killed just like the 2nd deceased person who was killed after making reports against the 1st accused and other administration police officers.
The case is for the Republic: prosecutor against Fredrick Ole Leliman: 1st accused, Stephen Cheburet Morogo: 2nd accused, Silvia Wanjiku Wanjohi: 3rd accused, Leonard Maina Mwangi: 4th accused and Peter Ngugi Kamau: 5th accused.