- They are accused of violently robbing police constable Titus Musyoka of a pistol and a magazine load with fifteen rounds of ammunition all valued at Sh200,000.
- During the attack, the court heard that one of the accused persons shot and wounded the complainant.
Image: CLAUSE MASIKA
Three suspects in a case in which Deputy Chief Justice Philomena Mwilu’s bodyguard was shot and left bleeding from his jaw in 2017 have said theirs was mistaken identity.
James Wachira Kibe, Eric Njuguna Kamau and Everyncy Khalifywa Shivachi alias Evans Khalif Shivachi have said they never committed the offence.
They made their submission before Kibera senior principal magistrate Esther Boke.
They are accused of violently robbing police constable Titus Musyoka of a pistol and a magazine load with fifteen rounds of ammunition all valued at Sh200,000. They were armed with a pistol.
During the attack, the court heard that one of the accused persons shot and wounded the complainant.
The third accused, Shivachi submitted in court that the prosecution evidence was not enough to nail him in the case.
“In unclear circumstances to the defence, a new charge sheet was introduced in the record purporting to state that the pistol's S/NO as KP44338826 which differed from the earlier one contained in the complainant's statements,” he said.
He told the court that the prosecution's evidence was not consistent and hence urged the court to return a verdict of no case to answer against him.
He said the prosecution did not positively identify him, and it wrongly placed him at the scene of the crime.
The first accused person, Kibe, also submitted in court that the inconsistency of the prosecution witness shows that he never committed the offence.
He urged the court to free him. The third accused person too made a written submission to the court.
While testifying in court, Musyoka narrated how the robbers almost killed him three years ago.
Musyoka said the incident happened moments after he left the Supreme Court premises driving a blue Prado.
He had just picked a child from Montessori Academy and dropped him home.
After dropping the child off, he proceeded to the Coptic Hospital area to buy some plants from a flower garden.
“I arrived at the garden, and found the owner and his two employees, but he said the plants I wanted to purchase (bottom brass and others) were few. He said they were present at the next garden, near Impala Club” he said.
Musyoka was accompanied by the owner and one of his employees.
He parked the car facing the gate and they started loading the plants.
“I asked them how many they had loaded before hiring a gunshot. I heard the second gunshot and found I had been shot and was bleeding in the left jaw and the left shoulder,” he said.
He then lay down and pretended to be dead.
“A man came and picked my gun and fled on a motorcycle,” Musyoka said.
“I the garden owner that I had been shot in the shoulder. I requested him to take me to hospital.”
The employee who accompanied Musyoka said he was loading the tree seedlings when he had a gunshot.
“There was a young man who came and picked his pistol,” he said.
The offence was committed on October 24, 2017, along Ngong Road opposite Impala Club in Dagoreti, Nairobi.
On Tuesday, the court directed that they all appear on October 19 for their judgment.
Edited by Kiilu Damaris