“It is grossly unfair for the police commissioner to apportion blame when he knows the duty to conduct investigations, provide statements and produce witnesses in court lies with the police. I really don’t understand what he is talking about. The police said 13 key witnesses could not be traced. Five other key witnesses had died, which brings to 18 the number of witnesses who were not produced in court. The prosecuting counsel could not do anything,” Mr Tobiko said on Wednesday.
When the Sunday Nation contacted the State Law office on the specific matter of Ms Njue on Thursday, Mr Tobiko was dismissive.
“I have said enough about this case,” he said and hung up.
Police spokesman Eric Kiraithe was also evasive.
“The law prohibits police officers from taking statements from witnesses that would implicate the same witnesses. Going by what we know so far, we really do not want to blame either the police or the prosecution,” he said. “You cannot coerce anybody to give evidence otherwise the evidence would be very weak.”
According to Mr Kiraithe, the State Law Office has qualified people who must have been satisfied with police investigations before proceeding with the trial.