A Nairobi court has been told that ex police officer from Githurai charged with murder was never taken for the mandatory mental assessment test before pleading to the charges.
Titus Musili alias Katitu was charged with killing a civilian by the name Kenneth Mwambie in 2013 during an operation in Githurai, Nairobi County.
Katitu’s lawyer Cliff Ombeta said this while giving his submissions before Justice …..
Ombetta also said that his client’s gun was not the one that shot dead the deceased as showed in the ballistic report.
He added that two other officers who were on patrol with the accused person were never produced in court as witnesses their guns were never taken for ballistic examination.
“One of the officers on duty with the accused stated in his statement that he did fire his gun three times while chasing after a robber.
Ombeta questioned whether the bullets from this officer’s gun could have been the ones that hit the deceased since he fired three rounds and the accused is also said to have been shot three times.
However, the prosecution said that the accused had not alluded insanity that required mental assessment.
It was their submission that the accused committed the offense on unarmed, innocent civilian contrary to the National police act on use of firearm.
Ombeta responded that it was clear from several witnesses that the deceased was not an innocent civilian but a thief and had been arrested several times.
Last month the accused had asked trial judge to clear him of the charge.
Katitu became the talk of town when he was arrested after Githurai residents demonstrated for three days demanding that he be released.
The accused was later detained for 17 months pending testimonies by key witnesses.
He was later released on bond after Governor Mike Mbuvi Sonko, who was a Senator at the time paid for him.
Justice Wakiaga will deliver the judgment on the case on 7th February.
