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 witness, 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 on their behalf,” 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 further 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.
Titus Musila, alias Katitu, has been hailed by residents as a vigilante crime fighter who made them safer.
He allegedly killed Kenneth Kimani and Oscar Muchoki in September 2014.
He has been in remand since his arrest that month.
His arrest provoked a three-day protest on the Thika Superhighway by residents, who demanded his immediate and unconditional release.
Yesterday, High Court judge James Wakiaga ordered Katitu to pay Sh1 million bail, pending trial.
The officer had made several unsuccesful bail applications.
However, the court declined to release because of steep opposition from the Independent Policing Oversight Authority.
Enter Mike Sonko, who had promised residents he would ensure Katitu’s release.
When the matter came up for hearing, his lawyer Cliff Ombeta renewed the bail application.
Ombeta said key witnesses have already testified.
The witnesses had expressed fear for their lives and had been placed in witness protection.
The prosecution and IPOA dropped their opposition to his release.
“It is his constitutional right to be released on bail pending trial,” the judge said in his ruling.
After learning of Kaitutu’s arrest on September 9, 2014, Githurai residents blocked the highway, lit fires and threw stones at police officers attempting to clear the road.
The residents said the policeman had helped to reduce crime in Githurai 45, Zimmerman and Githurai Kimbo.
The prosecution has called 11 witnesses, including members of the public who said they were robbed by Kimani.
The hearing will resume on February 8.