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Kimani murder suspect who owned up was upright - doctor.

Government doctor, Kizzie Shako yesterday told court that one of the accused persons, police informer Peter Ngugi who recorded the confession in the murder of lawyer Willie Kimani was of sound mind when she examined him.

The confession was in relation to his involvement in the murder of Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri.

In the case, police officers Fredrick Leliman, Leonard Maina, Stephen Chebulet, Sylvia Wanjiku have also been charged alongside Ngugi with the murder of the three.

Shako was testifying in the trial within a trial that had been ordered by Justice Jessie Lessit to determine whether the said confession will be admitted as evidence in the case.

This is after the defense objected to the production of the confession to court arguing that Kamau was coerced, tortured and threatened into giving the confession.

Kamau's lawyer Mucera Kinyori told court that her client's level of education could not enable him to give a statement in English as had been produced in court, adding that he was only fluent in Swahili and Kikuyu.

However, Shako told court that when she examined Kamau, he was in good medical condition and did not have any physical injuries.

According to Shako, he was conversant in both English and Swahili and he allegedly told her that he was a class eight leaver.

She also noted that if Kamau had any injuries at the time he was taken to her by the Investigating officer, she could have documented any injuries on the P3 form.

Read: Judge orders trial within trial in lawyer Willie Kimani's murder case

An officer from Naivasha GK Prison also took to the stand in a bid to help the prosecution prove that the confession statement by Kamau was given voluntarily.

Moses Kipkorir a documentation officer at the prison said he keeps records and receives prisoners and keeps their records.

He told court that the prisoners are received by a duty officer who then has to ask them whether they have any problem with the officers who brought them to the facility.

Kipkorir told court that if there is any complaint he records it with the legal officers and they will call the documentation officer, further claiming that there is a remand warrant and it is always indicated on if there is a complaint

The duty officer calls the documentation officers who take the prisoner and confirms with him the details in the committal warrant.

'Among the things we do is confirm details from names, offence and how long he was in remand, nationality, tribe and age' he said.

Kipkorir said that Kamau was fluent in both English and Swahili and he told him that he was a form four leaver and was conversant in English.

Joseph Wambugu a clinical officer at the same facility also told the court that Kamau was of good health a did not have any physical injuries.

On Monday Geoffrey Kinyua who recorded the statement told the court that they never forced him to record the statement but he voluntarily gave the confession implicating the four officers.

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Publication:The Star (Nairobi, Kenya)
Date:Feb 20, 2019
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