The hearing of the Willie Kimani murder case was adjourned on Monday after defence counsel Cliff Ombeta said he had tested positive for Covid-19.
Through his lawyer, Ombeta informed the court that he had interacted with a client last week in Malindi who turned out positive. He went for the test on Sunday and returned a positive result.
Ombeta represents Fredrick Leliman and Stephen Cheburet in the murder case. In the last hearing, Ombeta cross-examined police officer Nicholas Olesena who had testified in the case.
State counsel Nicholas Mutuku said Ombeta had not produced any official document to confirm that he had the virus.
Mutuku asked the court to mention the matter on Tuesday to confirm Ombeta’s status so that they can proceed.
Judge Jessie Lessit directed Ombeta to send his official test results to court on Tuesday.
Lawyer Katwa Kigen for Sylvia Wanjiru requested the court to allow him to proceed with cross-examination if Ombeta is indisposed.
The judge said if Ombeta is not opposed to Kigen's request, then he will be allowed to proceed with cross-examination.
In October, Ombeta’s client and second accused Cheburet tested positive for the virus at the Kamiti Maximum Prison.
The court has so far taken testimonies from 41 witnesses and only two are remaining to close the prosecution's case.
In July, the High Court adjourned the case after the judge raised concerns on the lack of a court to accommodate all parties.
Justice Lessit said the small tent provided by the Judiciary could not hold everyone while adhering to the Ministry of Health's directives on social distancing.
She said she had asked for a 100-capacity tent but was given the small one. She apologised to lawyers for the inconvenience.
In the case, four Administration Police officers Leliman, Wanjiru, Cheburet and Leonard Mwangi alongside police informer Ngugi were charged with the murder of Kimani, his client Josephat Mwenda and driver Joseph Muiruri.
The victims' bodies were found afloat River Ol Donyo Sabuk.
(edited by o. owino)
