This archive report was first published on 15 October 2019.
On June 23, 2016, lawyer Willie Kimani, his client Josephat Mwenda, and taxi driver Joseph Muiruri were kidnapped after leaving the Mavoko Law courts. A week later, their bodies were retrieved from the Athi River, near Donyo Sabuk police post, stashed in gunny bags.
The prosecution team recorded a witness confession and submitted a video as evidence in the ongoing case. However, the prosecution suffered a blow when the trial judge recanted a submission to play the video of the crime scenes.
Assistant Superintendent of Police Joseph Muindi documented a video that captured Peter Ngugi, a former police informer, explaining how the victims were executed and the places they were murdered in cold blood.
Justice Jessie Lesiit declined to allow the prosecution to play the video, stating that there was no proof that the police officer complied with the rules and procedures of the Evidence Act.
Justice Lesiit said, "It was a mistake for the investigating officer, Mr Clement Mwangi, to be present at the scenes, when Mr Muindi recorded the accused person." She added that the presence of the investigating officer was a "compulsory oral examination of the accused person in total disregard of the law and rules of evidence."
