Ex-police informer faults affidavits in Willy Kimani case
Tuesday, October 27th, 2020
- Through his lawyer Kevin Michuki, former police informer Peter Ngugi claims he did not participate in DNA sampling.
- Ngugi further claimed that Lucy Warukira, a laboratory technologist, who deponed to have taken the samples, stated that she forgot to sign her name against the DNA evidence.
- Prosecution has opposed the application.
Bernice Mbugua @BerniceMuhindi
Former police informer Peter Ngugi now wants the court to expunge three affidavits of two officers and a laboratory technologist from court records.
Ngugi, through his lawyer Kevin Michuki, wants affidavits of Robert Owino, Clement Mwangi and Lucy Warukira expunged, saying he never consented to anything as alluded to in the affidavits.
“There is nothing in court to show the fifth accused consented to anything…On October 18, 2019, he indicated that he was not involved in the collection of any evidence,” Michuki said yesterday.
Ngugi is charged alongside four Administration Police officers — Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Leonard Mwangi — with the murder of lawyer Willie Kimani and two others on June 23, 2016.
The five are accused of kidnapping Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri after leaving Mavoko Law Courts on June 23, 2016. Their bodies were later found in Oldonyo Sabuk River days after they were reported missing.
Affidavit by Owino indicates he participated in the investigations and ordered Mwangi and Nicholas Ole Sena to escort Ngugi to a government chemist laboratory for DNA sampling.
“I explained to the suspect that he was required to undergo a DNA procedure, which would either confirm or disapprove that he was involved in the murder offence. He understood and did not raise any objection,” the affidavit read.
Ngugi’s lawyer, however, claims that when Owino testified before the court, he never even alluded to ordering for the swabs samples.
“This evidence calls into the credibility of the witness,” claimed Michuki. In regards to affidavit of Warukira, the laboratory technologist, Michuki noted, that though she deponed to be the one who took the samples, she at the same time stated that she forgot to sign her name against the DNA evidence.
“We ask the court not to rely on her affidavit as it offers further doubts,” argued Michuki.
Michuki also questioned about the receiving register, which he said was received by a Mungai and not her (Warukira) as she indicated on her affidavit.
“A consent must be in writing...In this case, the fifth accused has denied consenting to giving any statement,” he said.
The Prosecution opposed the application to expunge the evidence saying it was properly before the court.
“From the affidavit of Chief Inspector Owino, it is very clear he made the orders,” stated Assistant Director of Public Prosecutions DPP Nicholas Mutuku.
“The accused was presented to Lucy for swabs taking and he cooperated,” stated Mutuku. According to Mutuku, the application is prematurely before the court as Clement Mwangi, who is witness 44 is yet to testify and will clarify a lot of issues raised in the application.
High Court Judge Jessie Lessit will give the ruling on notice. The case will proceed today.