The High Court was forced to adjourn, for the second time, the matter linking four Administration Police officers and a taxi driver to the murder of advocate Willie Kimani, his client Josphat Mwenda and their taxi driver Joseph Muiruri.
This was after advocate Cliff Ombeta failed to appear in court yet again sending a notification that he was unwell.
Ombeta who is representing three of the accused persons, however, sent two advocates to apply for adjournment of the matter until Thursday, November 10, 2016.
Samson Nyaberi and Ann Machuki from Ombeta and Associate Advocates emphasized that their senior, Cliff Ombeta, was unwell and indisposition to proceed with the trial, although they were not able to clearly explain why they did not produce medical report in court as it was previously ordered by the court.
The two advocates explained to the court that Ombeta took up the matter individually as everyone in the law firm had disassociate themselves from representing the accused persons in the matter given that a number of them were highly affected by the manner in which their colleague is suspected to have been murdered in line of duty.
They further told the court that Ombeta called some advocates from other law firms to fully represent him in the matter for it to take off in vain as most advocates were busy and others refused to be associated with the accused person.
Other parties in the case viewed Ombeta’s absence as a mechanism designed to delay the court process.
Justice Ruth Sitati noted frustrations on the present parties and ordered that Ombeta files his medical report in court by 4:00 pm Wednesday, November 9, 2016 failure to which the court will take action against him.
The judge further said that should Ombeta, who is a private advocate to three accused fail to appear in court on set date, she will use her constitutional powers to appoint a government advocate to represent the accused to expedite the matter.
The case is set for a full hearing from November 10, 2016.
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