The hearing of Lawyer Willy Kimani murder case has once again been adjourned after lawyer Cliff Ombeta who is representing three of the four accused persons failed to appear in court.
The matter, which was to be heard for two weeks beginning last week, was Tuesday pushed to October 7, 2019 by Justice Jessie Lessit after the court was told that Lawyer Ombeta is still unwell.
Lawyer Sam Nyaberi representing Ombeta told Justice Lessit that the doctor had given Ombeta three more days to stay off duty.
“I have instructions to apply for adjournment… Ombeta for the defence of the three accused persons is not able to conduct this matter. The doctor recommended for three days off. I kindly ask this court to indulge us,” submitted Lawyer Nyaberi.
The prosecution, however, did not oppose the application to have the matter postponed for three more days.
“I’ve seen the doctors letter and the nature of illness… I’d not wish to oppose the application for adjournment. Three days will expire on Wednesday… I pray that this matter proceed on Thursday,” said the prosecution.
“This matter was listed for entire two weeks, and I believe two days are enough for us to make some progress.”
Justice Lessit, in her ruling, set the matter for hearing from October 7-18, 2019
Earlier last week, Ombeta produced a letter from a doctor at Nairobi Hospital allowing him four days to be off duty.
“This is to certify that Cliff Ombeta Marube has been seen at the clinic today and has been given off duty 4 days from 07/07/2019 to 10/07/2019,” the letter from Dr. Sarah Mwaura reads.
On Thursday, however, the Prosecution challenged the letter saying it does not show what the lawyer is ailing from and asked the court to invite the DCI to probe the letter and table a detailed report on the same.
The accused police officers in the Willie Kimani case are Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Leonard Maina Mwangi. The fourth accused person was an informant identified as Peter Kamau alias Brown.
Lawyer Willie Kimani was abducted and killed alongside his client Josephat Mwenda and taxi driver Joseph Muiruri.
They were allegedly kidnapped after leaving Mavoko Law Courts on June 23, 2016.
On the fateful day, the three victims had appeared before the Mavoko court for a case in which Mwenda had accused Fredrick Leliman of assault. Kimani, Mwenda and Muiruri disappeared after they left court.
Their bodies were retrieved one week later at Athi River in Oldonyo Sabuk stashed in bags.