Titus Ngamau Musila alias Katitu was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal code, it was alleged that he murdered one Kenneth Kimani Mwangi on 14th March 2013 at Githurai 45 Bus stage in Nairobi County.
He was arraigned in court on 5th September 2014 and was remanded in custody pending trial which commenced on 11th May 2015. His advocate made several application for bail pending trial on the basis that he has a right to bail as premised under article 49 (i) of the constitution, the Court dismissed the said applications after considering the fact that it was more probable than not the accused will interfere with the witnesses who had recorded fears of threats that had been issued to them by the Police officer, the court also took note of the fact that while the investigation into the threats were ongoing one of the Key witnesses Oscar Muchoki Mwangi, the brother of the deceased was fatally shot by the police officer, the mother and the sister to the deceased and the remaining witnesses were also forced to relocate due to fear.
When the matter came up for further hearing, the officer through his lawyer Cliff Ombeta, renewed his bail application on grounds that the key witnesses who had expressed fear of their lives had already testified and have been placed under the witness protection, the prosecution and IPOA opposed the application but the Judge went ahead and released him on One Million (1 million) bail pending trial terming it as his constitutional right. The Nairobi Governor Mike Sonko (who was the Senator then) paid the bail.
Upon conclusion of trial, the police officer was eventually convicted of murder of one Kenneth Kimani Mwangi on 7th February 2018 after considering the fact that the prosecution had proved its case beyond reasonable doubt that the accused had malice to murder the deceased, the court further ordered the accused to remain in custody awaiting sentencing on 27th February 2018.
What stood out during the process of seeking justice for the victims?
The learned Judge dismissed Katitu’s several bail application after considering the fact that he did interfered with the witnesses, the witnesses had been forced to relocate from their usual abode and even one Key Witnesses Oscar Muchoki Mwangi had already been murdered during investigation.
The learned Judge stated that although the bullet head recovered from the dead man skull did not emanate from the Ceska pistol that Musila had been issued with “there had been an attempt to cover up the murder.”
The learned Judge stated that the evidence adduced directly pointed at the police officer whom the court heard was very popular with Githurai 45 residents for combating crime. Even though he was fighting crime, he was expected to protect the life of Kenneth by handcuffing him and taking him into custody instead of shooting him dead.