Murder suspects in brutal killing of lawyer Willy Kimani want cross examination of witness stopped
Four police officers and a police informer charged with the murder of Lawyer Willie Kimani and two others now want lawyers watching brief for families of the victims in the case be barred from cross examining any witness in the murder trial.
Through lawyers James Mochere and Cliff Ombeta, the five accused persons also want any evidence introduced by the said lawyers during cross examination be expunged from the court’s record.
Fredrick ole Leliman alias Maasai, Leonard Mwangi Maina, Silvia Wanjiku Wanjohi and Stephen Cheburet Morogo and Peter Kamau alias Brownwere faces three counts of murdering lawyer Willie Kimani Kinuthia, his client, a bodaboda operator Josephat Mwendwa and taxi driver Joseph Muiruri.
It is their argument that allowing the lawyers watching brief to cross-examine witnesses is prejudicial and not backed by any provision of the law nor constitution and thus violates the principles of fair hearing.
According to them, the mandate to cross examine should be left to the Director of Public Prosecution and any contribution by the said advocates should be done through the prosecution.
Through an affidavit, Leonard Maina Mwangi, the fourth accused person in the murder trial claims that his advocate conceded to the suggestion of having the advocates watching brief to make contrition during the pre-trial because watching brief had not been clearly specified.
“Failure by the defense to raise any objections at the pre-trial stage as to the contribution of advocates watching brief for the families of the victims was due to the fact that their role is clearly spelt in the law,” said Maingi in court documents.
