The Director of Public Prosecutions (DPP) has urged a judge to admit a confession allegedly made by one of the persons implicated in the murder of human rights lawyer Willy Kimani and two others.
Deputy DPP Nicholas Mutuku, on behalf of DPP Noordin Haji, on Wednesday told Justice Jessie Lesiit that the ‘confession’ by Peter Ngugi Kamau was voluntary.
He dismissed as lies claims by Mr Ngugi that he does not understand English.
Mr Mutuku further pointed that Mr Ngugi claimed he was tortured into writing the statement but never alerted the court when he appeared the first time.
He added that the accused also did not bring the matter to the attention of the doctor who examined him and failed to identify the offices he claimed assaulted him.
Therefore, he said, claims of beatings were an afterthought.
The prosecutor further told the court that if Mr Ngugi was beaten, it was his own testimony that he differed with police over money advanced to him as a police informer.
The prosecution intends to use the statement as part of the evidence in the case but Mr Ngugi has opposed this through his lawyer Neilias Kinyori.
The lawyer told the court that her client testified that he was beaten by police officers and was saved by one he identified as Clement Mwangi.
Mrs Kinyori also said that Mr John Mburu, Mr Ngugi’s younger brother whom he nominated to be present during the ‘confession’, was a class three dropout and didn’t understand English.
She told the court that Mr Mburu was given a pre-recorded statement to sign.
The lawyer also said her client was promised a monthly fee of Sh30,000 as well as other benefits if he cooperated with police.
This was against rules of evidence, she said in her argument against the admission of the ‘confession’, adding it was not clear whether Mr Ngugi was cautioned and his rights explained.
Mr Ngugi is said to have recorded the 21-page statement, detailing how Mr Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri were killed, before Chief Inspector Geoffrey Kinyua at the DCI headquarters on August 9, 2016.
Four Administration Police officers – Mr Fredrick Leliman, Mr Stephen Cheburet, Ms Sylvia Wanjiku and Mr Leonard Maina Mwangi – are charged with the murder of Mr Kimani, Mr Mwenda and Mr Muiruri.
The three were kidnapped after leaving the Mavoko Law Courts on June 23, 2016.
A week later, their bodies were found in Athi River near Donyo Sabuk police post, stuffed in gunny bags.
Justice Lesiit will rule on the matter on April 4.
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