The infamous Githurai killer cop, Titus Ngamau Musila alias Katitu has lost the appeal to be acquitted of murder charges.
The ruling by the Court of Appeal under Justices William Ouko, Fatuma Sichale and Sankale Ole Kantai has upheld that Katitu killed Kenneth Mwangi.
The judges have concluded that Katitu indeed committed the murder adding that his colleagues used the ‘blue code of silence’ to cover up for his crime.
“With respect, we cannot help but fully agree with the learned judge’s observation that there was an active attempt to sweep the cause of the deceased’s death under the carpet and, in death, deny him and his family justice,” they ruled.
Further, the judges have indicated that there existed deliberate evidence manipulation and mishandling as the crime scene. They found that not a single spent cartridge was recovered from the scene, except a bullet that was in the deceased body.
“Out of the 15 prosecution witnesses, eight were police officers, who were determined to maintain the “blue code of silence” and ensure they saved one of their own. Indeed, it was only after the intervention by IPOA and other pressure groups that the appellant’s nearly two years of freedom after the incident was brought to an end,” the court noted.
Also, the judges pointed out that evidence indicated Mwangi was an unarmed man hence shooting him on the head at a point-blank position was out of malice.
“A firearm may only be used for exceptional purposes, such as to save or protect the life of the officer or any other person; in self-defense or in defense of another person against an imminent threat of life or serious injury; and to prevent a person charged with a felony from escaping lawful custody,” the court ruled.
According to the ruling, Katitu violated the guidelines of the National Police Service Act which requires one to only use force as the last resort.
The killer cop was sentenced to a 15-year jail term in 2018 by Justice James Wakiaga after being found guilty of Mwangi’s murder.
The Court of appeal judges noted that he did not challenge his 15-year jail sentence hence they chose not to interfere with it.