Judge Forced to Postpone Case After Suspect Contracts Covid-19

  • Lawyer Willy Kimani.
    Lawyer Willy Kimani.
    File
  • A Nairobi court was forced to adjourned the trial of the murder of lawyer Willy Kimani, on Monday, October 19, after one of the suspects tested positive for Covid-19.

    The presiding judge Jessie Lessit was informed that one of the accused, Administration Police officer Stephen Cheburet, is undergoing treatment for Covid-19, hence was not able to physically appear for the hearing.

    Cheburet, who attended the court session virtually from his sick bay, expressed his wishes of recuperating first before the case was heard in court.

    Suspects in the murder of lawyer Willie Kimani, his client and a taxi driver, appear before a judge in a Milimani court.
    Suspects in the murder of lawyer Willie Kimani, his client and a taxi driver, appear before a judge in a Milimani court.
    File

    He further notified the court of his three prior tests which had all turned positive. He is scheduled to take the fourth test on October 22.

    Judge Lessit ordered the case to be adjourned to Monday, October 26.

    The accused, alongside three police officers and an informer, were charged with the murder of lawyer Willy Kimani, his client Josephat Mwenda and driver Joseph Muiruri. 

    Lawyer Kimani and his counterparts were kidnapped after leaving the Mavoko Law Courts on June 23, 2016. The victims' bodies were found floating on River Ol Donyo Sabuk.

    On October 14, 2019, a video reconstruction of lawyer Willie Kimani's gruesome murder was thrown out of court by Lady Justice Lessit who stated the recording was not admissible in court due to a breach of protocol.

    In the video, police informant (Peter Ngugi), who confessed to having aided in the brutal killings carried out by Administration Police (AP) officers, gave a minute-by-minute narration of how the plan was hatched, all the way through to its execution in 2016.

    An error by the forensics officer, Joseph Muindi, who submitted the video as evidence was identified as the key reason for its dismissal.

    “The law requires that when the officer decides to have the suspect take him to the scene and record, he has to take another qualified officer. He cannot be involved during the exercise,” Justice Lessit ruled.

    The Milimani Law Courts in Nairobi as pictured on November 18, 2019
    The Milimani Law Courts in Nairobi as pictured on November 18, 2019
    Simon Kiragu
    Kenyans.co.ke