In August 2019, a suspect in the murder of city lawyer Willy Kimani and two others asked the High Court to throw out his written testimony, alleging that it had been acquired in an unprocedural manner.
The prosecution, led by Nicholas Mutuku and victims' lawyer Ben Sihanya, opposed the application, clarifying that the court could not review the decision and the only available remedy was to appeal.
The judge did not object to the argument by the prosecution and ruled that the testimony be read out in court as had earlier been planned.
The orders were carried through on Monday, October 7, where Peter Ngugi, an alleged police informer, narrated that he had been paid Ksh2,000 by a police officer and a suspect Fredrick Leliman for his role in the torture and subsequent murder of lawyer Willy Kimani, his client Josephat Mwenda, and taxi driver Joseph Muiruri.
He stated that in April 2016, he met Leliman at the Mlolongo Police Post canteen when he went to visit OCS Stephen Lelei, his friend.
Not long after they had known each other, he wrote that Leliman approached him with a case that was giving him sleepless nights.
“He told me that there was a case that was bothering him. He revealed to me that he had previously shot and injured a person, and that injured man was really pushing for his dismissal and was being assisted by the Independent Policing Oversight Authority (IPOA) in the case,” Ngugi was quoted.
Ngugi further narrated that by that time, Leliman had already hatched a plot to eliminate Mwenda, the complainant in the case, and he roped Ngugi into the case after paying him Ksh2,000 to discreetly follow Mwenda wherever he went and informed Leliman of the movements.
On the day of reckoning, he reported that he went to the Mavoko Law Courts where the case was being heard to make sure the unsuspecting target did not slip from their grip.
“On June 23, I left for Mlolongo, and while on my way to the station I met Leliman driving. I got to the front seat and was introduced to a lady who would identify the wanted man to me. He dropped us at Mlolongo bus station and I was given Ksh.2,000 which I was told to share with the lady,” part of the statement read.
It was as soon as Lawyer Willy Kimani, the taxi driver, and Josephat Mwendwa had stepped out of the courtrooms that they were commandeered into a waiting vehicle, never to be seen alive again.
Ngugi, however, sought to absolve himself of the blame, claiming that he did not kill any of the victims as he had been suspected to have.
"While at the execution scene, my role was to hand the victims over to sergeant Mwangi who would take them to Leliman who would then kill them," he wrote.
He concluded by stating that after the heinous exercise had been done, all drove back to Mlolongo where they had their supper before they parted ways. He, however, claimed that he did not follow them as he was too drunk, and instead opted to spend the night on a barstool.
Four AP officers Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Leonard Maina Mwangi — and Ngugi, the police informant, are facing charges of killing lawyer Willy Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri.
