The Court of Appeal has dismissed the appeal lodged by infamous Githurai killer cop Katitu who wanted to be acquitted of a murder charge.
Titus Ngamau Musila, alias Katitu, was sentenced in 2018 by Justice James Wakiaga to serve a 15-year jail term for killing a young man he alleged to be a robber.
Katitu moved to the Court of Appeal challenging the conviction.
However, Justices William Ouko, Fatuma Sichale and Sankale Ole Kantai on Friday agreed with the High Court’s ruling that Katitu indeed killed Kenneth Mwangi.
They ruled that they are fully behind Justice Wakiaga’s opinion that Katitu killed the victim but his colleagues used the ‘blue code of silence’ in a bid to cover up for him.
“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.
The judges further held that the evidence was deliberately manipulated and improperly handled, while the scene of crime was not secured, noting that of all the five bullets fired at the scene, not a single spent cartridge was recovered from the scene, except the one that was lodged in the deceased’s body and whose origin the prosecution treated as a mystery.
“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.
The appellate court said that considering that Mwangi was not armed and was on the ground subdued, they had no doubt that by shooting him on the head at the point-blank position, Katitu acted with malice afterthought.
“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-defence or in defence 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.
The appellate court also faulted Katitu for violating guidelines contained in the Sixth Schedule of the National Police Service Act that requires police officers effecting arrests to always attempt to use non-violent means and only resort to force when necessary.
The judges also noted that in his appeal, Katitu never challenged his 15-year sentence, saying even though it's unusual, they choose not to interfere with it.
“Both in his memorandum of appeal and submissions, the appellant has not challenged the sentence imposed, and since it is not illegal, though unusual, we say no more, with the conclusion that this appeal fails and is accordingly dismissed,” the court ruled.