Two found guilty of murdering ex-Kilifi Deputy Governor

The Shanzu Magistrate Court on Tuesday afternoon delivered a landmark judgment in the murder case of former Kilifi Deputy Governor Kenneth Kamto, bringing to a close a five-year pursuit of justice.

Julius Gitonga M’muguu and Joseph Amwayi Mukabana have been found guilty of robbery with violence, handling stolen property, and illegal possession of a firearm linked to Kamto’s murder.

A third accused, Florence Mbithe Mwanza, was acquitted of all charges.

Kamto was fatally shot during a home invasion at his Nyali residence on the eve of December 12, 2018.

The robbers, armed with a pistol and other weapons, made away with mobile phones and valuables, leaving behind a trail of despair.

Kamto’s widow, Fawzia Omar, recounted the horrific incident, describing how the attackers demanded money and assaulted her before fleeing the scene.

Fawzia had told the court that on that fateful Jamhuri Day eve, she was woken up by her husband’s voice saying there were thieves in the house.

She went towards the sitting room where her husband’s voice was coming from, and she could see a person standing behind the sitting room door although it was dark.

She then heard a gunshot and rushed to a room near the kitchen where the house help and her mother-in-law were.

While in the room, the intruders entered and ordered them to switch on the light, and they were led to the sitting room where she saw her husband lying on the floor and groaning.

Fawzia said one of the attackers, who was wearing a mask, had a gun and slasher, and he demanded money and forced her to go upstairs to get more valuables.

The trial, which has taken five years, was presided over by Senior Principal Magistrate Yusuf Abdallah Shikanda, who has since been transferred to Makindu Law Courts.

In his 46-page judgement, Shikanda said advanced technology played a pivotal role in piecing together the events of that fateful night.

Call data records and forensic analysis traced the stolen phones back to the accused.

The breakthrough came when a mobile phone belonging to Kamto’s house help was recovered, its usage leading investigators to the suspects.

“In the instant case, a mobile phone without a back cover, whose value was less than Sh2,000 triggered a series of activities that led to the arrest of the accused persons herein,” said Shikanda.

Further evidence, including CCTV footage, ballistic reports, and DNA analysis, linked the accused to the crime scene

“This case is a classic example of the role of Information Communication Technology in the Criminal Justice System. Advanced technology has transformed the criminal justice field, bringing both new possibilities and challenges to the table,” said Shikanda.

He added;

“While modern offenders can use technology to commit sophisticated crimes and evade detection, law enforcement officials can also benefit from advanced technology as they uncover criminal activity and deliver justice. Technology can improve accuracy in investigations and policing, too, as many forensic solutions and emerging biometric systems are extremely reliable.”

Shikanda said the prosecution presented a compelling case with 24 witnesses called to testify, including a co-accused person who entered a plea bargain with the State.

Muasya Kiteme, who was the sixth accused person in the case, agreed to be a state witness and detailed how the plan was executed and implicated Gitonga and Mukabana as the masterminds.

While Gitonga and Mukabana were found guilty, the court acquitted Mwanza, citing insufficient evidence to prove her involvement.

Gitonga and Mukabana were found guilty of robbery with violence, handling stolen property, being in possession of a firearm without a valid firearm certificate.

The judgment was backed by corroborated witness accounts, forensic evidence, and call data records provided by the prosecution.

For Kamto’s family, the judgment marks a step towards closure, though the void left by his tragic death remains.

The two convicted men now await sentencing.