The defence inthe Willie Kimani murder case has disagreed with the prosecution on where the three victims were abducted when they left Mavoko law courts.
While cross-examining head of investigations Nicholas ole Sena, lawyer Cliff Ombeta said the data extracted by police does not tally with the details given by the officers.
Ole Sena had told the court that rights lawyer Willie Kimani, Josephat Mwenda and Joseph Muiruri were abducted at Transview. He claimed he was told by Peter Ngugi, who is the fifth accused, when he was arrested that the three were arrested at Transview.
However, Ombeta said the data provided to court does not show the vehicle they were in ever stopped at Transview. “Now show us where it stopped at that place you are calling Transview,” Ombeta said.
Olesena said the data never showed the vehicle stopped there.
Ombeta then argued this meant there was no possibility of a three-minute kidnapping as had been alleged by the prosecution.
Olesena said it’s possible to have a swift kidnap because police officers act promptly even though there is nothing to show the car stopped.
Ombeta, who represents AP officers Fredrick Leliman and Stephen Cheburet, further picked holes in the evidence relating to the time that the three were abducted. He said Edward Mbanya, a witness, had told court that he called Willie on the day and the lawyer allegedly told him he had already left Mavoko.
Edward Banya, a witness who testified earlier, had told court he called Willie on the day. Willie told Banya that he had left Mavoko.
Ombeta wanted to know from Ole Sena what time Willie left the court, according to his testimony. He said between 11am and 11.38am.
“So when you are saying in your statement he was in court at about 12 noon, where did you get that information?” Ombeta asked.
Ole Sena told Justice Jessie Lessit that the 12 noon statement was by Mbanya who had already testified and not him. He further said that the vehicle was captured at 12.03 leaving the Mavoko area.
The court further heard that Leliman and Ngugi left in different vehicles when they went to dispose of the bodies after the victims were killed.
This is after Ombeta wanted to know why the number 0727433431 made several calls to 0786526465 when both numbers belong to Ngugi. “So he was calling himself?” he asked.
However, Ole Sena told court that in his confession Ngugi said he was given one of the numbers by Leliman and they were in different cars when they went to dispose of the bodies.
“Let me explain, as they left to dispose of the bodies, the first accused and the fifth accused were in different vehicles. Hence, the first t accused had the number and fifth accused was using his line,” Ole Sena said.