High Court finds Githurai crime buster Katitu guilty of murder

Katitu

Titus Musila alias Katitu at the High Court in Milimani on February 7, 2018. He was handed 15 years in prison.

Photo credit: File

What you need to know:

  • Lawyer Ombeta tabled evidence to show that the bullet head retrieved from the skull of the dead man did not come from the accused’s’ firearm.
  • The lawyer further argued that the prosecution did not produce in court three other officers who were on patrol duties with Katitu.
  • The judge then directed that the accused remains in custody awaiting sentencing on February 27, 2018.

A police officer whose arrest sparked protests, demonstrations and running battles between residents and law enforcers in Githurai 45 over the killing of two brothers has been convicted.

High Court Judge James Wakiaga found Titus Ngamau Musila alias Katitu guilty of murdering Kenneth Kimani Mwangi on April 14, 2013 at the Githurai 45 bus stage.

His lawyer, Cliff Ombeta, had asked the judge to acquit the police constable as “no evidence had been [adduced] to prove he is the one who had shot dead Kenneth”.

BULLET HEAD

Mr Ombeta tabled evidence to show that the bullet head retrieved from the skull of the dead man did not come from the accused’s’ firearm.

The lawyer further argued that the prosecution did not produce in court three other officers who were on patrol duties with Katitu on the fateful day.

But in his judgement, Justice Wakiaga said the prosecution’s testimony proved that Katitu felled Kenneth during the operation to weed out thuggery in Githurai.

He stated the evidence adduced “directly pointed at the police officer whom the court heard was very popular with Githurai 45 residents for combating crime”.

DEMONSTRATIONS

Demonstrators, led by former Ruiru MP Esther Gathogo, blocked Thika Road for several days alleging that Katitu had been framed yet he was the one who had helped reduce crime in Githurai where victims were being robbed in broad daylight.

After convicting him, Justice Wakiaga cancelled the Sh1 million bond which had been deposited in court by Governor Mike Sonko (when he was then the Nairobi senator).

The judge then directed that the accused remains in custody awaiting sentencing on February 27, 2018.

The judge also directed prison authorities to escort the accused to the Kasarani police lines, where he was residing, to remove his items from the government house he had been allocated.

PROBATION REPORT

Justice Wakiaga also called for a probation report which he will consider while delivering the sentence on February 27.

“The accused had earlier threatened the deceased’s brother, the late Oscar Mwangi, before the shooting incident at the Githurai 45 stage. This shows there was malice aforethought,” the judge ruled.

Mr Musila had been charged with murdering Kenneth although rights groups and the Independent Policing Oversight Authority (IPOA) wanted him charged with killing the two brothers.

ATTEMPTED COVER-UP

Justice Wakiaga said although the bullet head recovered from the dead man’s skull did not emanate from the Ceska pistol that Musila had been issued with “there had been an attempt to cover up the murder”.

Musila, who was a popular crime buster, had argued that the State failed to prove he killed Mwangi.

He urged the judge to find that he had nothing to do with the killing as the bullet did not come from his gun.