Cliff Ombeta is not licensed to practice law, LSK says

By SAM KIPLAGAT
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Hearing of Willie Kimani murder case on Thursday took a new twist after the Law Society of Kenya claimed defence lawyer Cliff Ombeta is not licensed.

LSK, with a membership of over 14,000 practising advocates, is Kenya’s premier bar association.

LSK lawyer Stephen Ongaro told Judge Jessie Lessit that Mr Ombeta's certificate had been withdrawn since he had yet to renew his practising licence.

Mr Ongaro added that the defence lawyer has not earned enough Continuous Professional Development (CPD) points, to enable him to renew his permit. According the society's rules an advocate must attain at least five points every year by attending LSK functions and trainings.

Mr Ombeta represents three police officers among five people accused of killing lawyer Kimani, his client and a taxi driver in 2016.

Kimani, a human rights advocate, was an LSK member and the lawyer's body is an interested party in the case.


The claims were, however, disputed by Mr Ombeta's advocate Doreen Kali, saying he is still on LSK roll and his status is active on the website of the lawyers’ body.

LSK president Allen Gichuhi said he had been informed that Mr Ombeta had paid up his annual fee on August 2 but had yet to confirm the same.

DELAYS

Mr Ombeta had been accused of delaying the murder trial after he failed to show up in court on two occasions.

Last month, however, he appeared in court, dressed casually, after Justice Lesiit ordered the prosecution to probe what ailed him following a doctor's report brought before her.

Mr Ombeta apologised to the court for the delays saying it was not intentional as he has had an eye problem for the last one year. He said after a recent visit to Nairobi Hospital, he was put on painkillers and given a four-day bed rest.

He said he later went for a review and was referred to a consultant who booked him on the same date as the court hearing.

However, the criminal lawyer said he was not the only one to blame for the delay as other parties too played a role.

The prosecution and victims’ lawyer led by Senior Counsel Fred Ojiambo and Prof Ben Sihanya said Mr Ombeta’s absence was inconveniencing other persons and the expeditious conclusion of the case.

“It is a travesty of the highest order if the adjournment is meant to impede the progress of this case. The reasons given are woefully insufficient,” said Mr Ojiambo.

CRUCIAL
The trial is at a crucial stage as the court is set to hear a video recording of one of the accused person, a confession of how Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri were arrested, tortured, killed and their bodies thrown into a river in 2016.

Four police officers, Fredrick Leliman, Mr Stephen Cheburet, Ms Sylvia Wanjiku and Mr Leonard Maina Mwangi and Peter Ngugi, an alleged police informer, are charged with the murders.

Mr Ngugi, who made the confession, had opposed the use of the 21-page statement alleging he was tortured for it.

However, the Deputy Director of Public Prosecutions Nicholas Mutuku told Justice Lesiit that the confession had been made voluntarily before Chief Inspector Geoffrey Kinyua on August 9, 2016 at DCI headquarters.

In her ruling, after conducting a mini-trial, Justice Lesiit said that the confession complied with the rules of evidence and should be admitted as part of the evidence.

Some 38 witnesses have so far testified and about five, mostly police officers, are the remaining witnesses before the prosecution closes the case.

The trial has been adjourned to August 27.