State closes case in­volv­ing po­lice­man in Githu­rai murders

‘We can­not trace the de­ceaseds’ mother Pu­rity Wan­jiku and their sis­ter Stella Mwangi. We sur­ren­der the rest to the de­fence if they wish to have them tes­tify’

The Star (Kenya) - - Politics - CA­ROLE MAINA @MainaCa­role

The state has closed a mur­der trial against a po­lice­man al­leged to have killed two broth­ers in Githu­rai 45 two years ago.

Of­fi­cer Ti­tus Musila, alias Kat­itu, who was at­tached to Kasarani po­lice station, was on trial for al­legedly killing Ken­neth Ki­mani and his brother Os­car Mu­choki in 2014.

The state was to call 22 wit­nesses, but closed the case be­fore trial judge James Waki­aga after call­ing 18 of them.

State coun­sel Cather­ine Mwaniki yes­ter­day said the pros­e­cu­tion had dif­fi­cul­ties try­ing to get two key wit­nesses in Nor­way to tes­tify.

“We can­not trace the de­ceaseds’ mother Pu­rity Wan­jiku and their sis­ter Stella Mwangi and we sur­ren­der the rest to the de­fence if they wish to have them tes­tify,” she said.

Mwaniki said the trial has taken too long and it will be in the in­ter­est of jus­tice that the pros­e­cu­tion is al­lowed to close the case after call­ing all the wit­nesses it be­lieves will lead to a con­vic­tion.

“If they were re­ally in­ter­ested, they should have come. The court can­not rely on the ev­i­dence of one of the wit­nesses, a close fam­ily friend who iden­ti­fied the body and who in­formed the mother of the sons demise,” she said.

But de­spite the pros­e­cu­tion move to close the case and pave way for the de­fence to try and dis­man­tle the ev­i­dence against him, the judge was urged not to close the case un­til the two wit­nesses give their ev­i­dence.

The fam­ily said the two women were still will­ing to tes­tify be­cause they believe their ev­i­dence is cru­cial, but were not ready to come back to the coun­try.

“They still fear for their lives and are not will­ing to come back to tes­tify. How­ever they believe their ev­i­dence can be taken through video con­fer­enc­ing,” a lawyer rep­re­sent­ing the fam­ily said.

“They have been in­formed of all the hear­ing dates and the con­se­quences of their fail­ure to avail them­selves. It was only pru­dent for them to come and be placed un­der the witness pro­tec­tion pro­gramme.”

The lawyer said, “The text mes­sages which they al­lege were sent to them by the of­fi­cer can­not, and were not ver­i­fied. We can­not as­cer­tain that in­deed the of­fi­cer sent the mes­sages to them.”

Nairobi Sen­a­tor Mike Sonko paid Musila’s Sh1 mil­lion bail in Jan­uary. Musila had been praised by res­i­dents as a vig­i­lante crime fighter who kept them safe.

PHILLIP KAMAKYA

Lawyer Cliff Om­beta with con­sta­ble Ti­tus Musila after the hear­ing at the Mil­i­mani law courts on Oc­to­ber 11 /

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