The appellate court has dismissed an appeal of acquittal by a police officer found guilty of gunning down a suspect in Githurai seven years ago.
Titus Ngamau Musila, aka Katitu, who was popular among Githurai residents for combating crime, will still serve 15 years at the Kamiti Maximum Prison.
In 2018, High Court Judge James Wakiaga convicted Katitu of murdering Kenneth Kimani Mwangi in March 2013.
It was the prosecution’s case that Katitu confronted Mwangi, a notorious criminal in the area who had snatched a mobile phone from a passenger and tried to run away from the scene.
“The officer suddenly reached him, pushed him to the ground, drew his pistol and shot him,” a witness testified.
Katitu denied the charges. Though confirming being at the scene of the shooting, he maintained that he only responded to an alarm that had been raised.
He added that upon seeing Mwangi, who was in a group of several youths, fleeing, he fired three times in the air as he pursued him.
The court, however, did not buy the accused person’s defence.
Katitu's arrest in 2014 sparked protests, demonstrations and running battles between residents and law enforcers in Githurai 45.
The residents demanded his release, saying he had helped reduce crime in Githurai 45, Zimmerman and Githurai Kimbo.
In his judgment, Justice Wakiaga said the suspect did not deserve to die the way he did.
“The victim was well known in the area but the police officer should have protected the society by arresting him if it was true that he was a robber,” he said.
He ruled that the police officer should have identified himself and given a clear warning. Instead, he shot him dead at close range.
“No police officer has the right to take the life of a suspect unless under circumstances provided for in the law,” he added.
Katitu was thus sentenced to 15 years to act as a warning to the police against misuse of firearms.
Aggrieved by the court’s ruling, however, Katitu moved to the Court of Appeal seeking to quash his conviction.
He accused the trial judge of failing to consider the ballistic evidence that confirmed the bullet found in the body of the deceased did not come from his firearm.
He also accused the judge of failing in law and fact by failing to subject him to a mental assessment before asking him to plead to the charge.
Judges William Ouko, Fatuma Sichale and Sankale ole Kantai, however, concluded that there was proof beyond reasonable doubt of the officer’s hand in Mwangi’s death.
“His actions violated guidelines contained in the National Police Service Act, which enjoin police officers in effecting arrest to always attempt to use non-violent means first and only resort to force when non-violent means are ineffective,” the court said.
Edited by R.Wamochie
