BY SAM ALFAN.
A former police officer on death row for killing his boss has expressed his desperation after spending 14 years in prison and now afford a lawyer to prosecute his appeal.
Christopher Muli told Appellate Judges Roselyn Nambuye, Martha Koome and Fatuma Sichale that a lawyer previously appointed by the court to represent him did not show up four times and he decided to personally handle his appeal. But his hopes of finding alternative legal representation failed for lack of finances.
“Maybe some police officers are trying to frustrate my case. They want to defeat justice. I will do my best to defend myself,” the bespectacled convict said in halting English. He said he was not interested in having a State-sponsored advocate.
However, Justice Nambuye said Muli deserved legal representation as of right since he was sentenced to suffer death.
The former police officer was sentenced to death for killing former base commander of Nairobi’s Spring Valley Police Station, Josephat Mittau in 2005. He was found guilty by former High Court Judge Muga Apondi mainly based on a confession he made before former Kibera Senior Principal Magistrate Margaret Kasera, in her chambers on July 26, 2005.
Muli remained defiant as the three Judges engaged him about the seriousness and consequences of his conviction and punishment. “You are entitled to legal counsel as a constitutional right. Do not give up. We understand your trial took ten years and you have been on death row for the last four years,” implored Justice Nambuye.
“The law does not allow us to proceed with your appeal without legal representation. Our hands are tied,” the Judges explained.
Justice Koome explained to him that he attended the pre-trial conference on October 30, last year when he declined to have a court-appointed lawyer. The hearing of the appeal could take longer if he continued with his recalcitrance, she said.
Finally, the bench directed the court’s deputy registrar to urgently assign a lawyer to help him argue his case which will be listed for hearing before the December recess. But in readiness for his appeal, Muli submitted detailed written arguments.
