3 police officers found guilty of Willie Kimani’s murder

The High Court found police officers Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku, and police informer Peter Ngugi guilty of the murder of lawyer Willie Kimani.

In her judgment, Justice Jesse Lessit has acquitted Sergeant Leonard Mwangi in all three counts of murder.

“They had a common intention. I am satisfied that the prosecution has established that the accused persons were principal offenders and acted in one common intent to commit the offences as charged,” “ruled Justice Lessit.

While convicting them, the judge said that the evidence adduced by the prosecution locks the accused persons at the scene of the murder in Mlolongo and the movement of dumping of the bodies in Kilimambogo.

The judge also observed the defence evidence did not shake the prosecution evidence considering that one of the accused persons, Ngugi confessed and gave details of how the murder was planned and executed.

Lessit noted that Leliman had a personal vendetta against Kimani” s client Josephat Mwenda due to a case that had been filed at IPOA against his conduct. He had put his job on the line.

“I find that the first accused (Leliman) had a reason to silence the deceased because his job was on the line due to the case Mwenda lodged at IPOA”” she said, referring to an investigation by the Independent Policing Oversight Authority (IPOA) over the officer’s conduct.

Lessit further ruled that Leliman, who had shot Mwenda during a police stop in 2015, was the chief architect of the murder and started planning the execution of the Boda Boda rider after he reported the incident to the Independent Policing Oversight Authority (IPOA).

The judge stated that the prosecution provided evidence to prove that a meeting between Leliman and one of the accused officers at a bar in Machakos county took place, and Leliman lamented that the case would get him sacked.

She also noted that Ngugi, the police informer distanced himself from the murder after he testified that he was tasked with tracking the Mavoko three after he was informed that police were investigating them.

According to the judge, the lawyer and the taxi driver were collateral in the execution of Muiruri.

Justice Lessit said that Leliman is the only person in this case in whose respect the prosecution had not proven he had a motive to murder the second deceased, Joseph Mwenda.

Even though Mwangi, also mentioned in the confession by Ngugi, was released due to his strong defence.

“I find that the fourth accused Mwangi alibi has shaken the evidence of the prosecution” ruled the judge.

Despite being acquitted, Mwangi is still facing murder charges before Justice George Odunga. He was charged alongside the three convicted officers last month.

However, Justice Jessie Lessit wants another judge to handle the sentencing, but the parties want her to conclude the probe.

Lesiit also directed that the case be mentioned on September 3, 2022, to confirm the filing of probation and victim assessment reports and for further directions on sentencing and mitigation.

Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri were abducted on June 23, 2016, shortly after leaving Mavoko law courts in Athi River.

The three were reportedly killed at 7 pm in a thicket in Mlolongo. Their bodies were dumped in a river at Ol Donyo Sabuk and recovered one week after their disappearance.