Ex-policeman narrates 14-year ordeal behind bars over incomplete murder case
Former police officer Christopher Muli, who is on death row for killing his boss, has expressed his desperation over his incarceration for the last 14 years and confessed he cannot afford to hire a lawyer to prosecute his appeal.
The elderly man told Appellate Judges Roselyne Nambuye, Martha Koome and Fatume Sichale that a lawyer previously appointed by the court to represent him did not show up four times and he decided to personally handle his appeal.
But his hopes of finding alternative legal representation failed for lack of finances.
“Maybe some police officers are trying to frustrate my case. They want to defeat justice. I will do my best to defend myself,” the bespectacled convict said in halting English.
He said he was hard of hearing and was not interested in having a State-sponsored advocate.
However, Justice Nambuye said Muli deserved legal representation as of right since he was sentenced to suffer death for killing former base commander of Nairobi’s Spring Valley Police Station, Josephat Mittau in 2005. He was found guilty by former High Court Judge Muga Apondi mainly based on his confession before former Kibera Senior Principal Magistrate Margaret Kasera in her chambers on July 26, 2005.
Muli remained defiant as the three Judges engaged him about the seriousness and consequences of his conviction and punishment. “You are entitled to legal counsel as a constitutional right. Do not give up. We understand your trial took ten years and you have been on death row for the last four years,” Justice Nambuye implored him.
“The law does not allow us to proceed with your appeal without legal representation. Our hands are tied,” Justice Sichale said.
Justice Koome explained to him that he attended the pre-trial conference on October 30, last year when he declined to have a court-appointed lawyer. The hearing of the appeal could take longer if he continued with his recalcitrance, she said.
Finally, the bench directed the court’s deputy registrar to urgently assign a lawyer to help him argue his case which will be listed for hearing before the December recess. Muli has already submitted detailed written arguments.
