This archive report was first published on 14 October 2019.
On June 23, 2016, lawyer Willie Kimani and two others, Josephat Mwenda and Joseph Muiruri, were kidnapped after leaving the Mavoko Law courts. Their bodies were later found in gunny bags near Donyo Sabuk police post in Athi River, a week after their disappearance.
Prosecutors had hoped to use a video recorded by assistant superintendent of police Joseph Muindi to prove the involvement of four police officers and a former police informer, Peter Ngugi, in the murders. The video, recorded on August 10, 2016, showed Ngugi explaining how the victims were executed and the locations where they were killed.
However, Justice Jessie Lesiit ruled that the video could not be used as evidence because the police officer who recorded it had not followed the proper procedures outlined in the Evidence Act. The judge also criticized the investigating officer, Clement Mwangi, for being present at the crime scene, which she said was akin to soliciting evidence from the accused person.
Ngugi had objected to the production of the video, citing concerns that it could be used to incriminate him. The trial of the suspects, including the four police officers and Ngugi, continues.
