Veteran criminal lawyer Cliff Ombeta wants a former police officer Titus Musila, alias Katitu, who is on trial for allegedly killing two robbery suspects in Githurai in 2014 set free.
Ombeta submitted on various points of law including an oversight in the trial process on the side of IPOA and the ODPP for failing to subject Katitu for the mandatory mental examination, to date, a thing which precedes all murder cases.
“They charged him without taking him for a mental exam…” the lawyer submitted adding that as things stand the court may not be in a position to determine whether it is adjudicating on a case of a suspect worthy to stand trial.
Ombeta’s terse submission did not spare IPOA investigators which he said seconded an inexperienced investigator(Diana Watila) who “formally worked with an NGO to probe the case!”
But what drew blood out of the prosecution case was the lawyer’s assertion that the bullet head retrieved from the man Katitu is said to have shot did not match the service firearm he had been issued with at the Kasarani police station on the fateful day.
The 2014 incident drew a public outcry after members of the public barricaded roads around Githurai in defence of the “Super Cop” they said was being humiliated yet he had been helping rid the area of runaway violent crime.
Ombeta was categorical Katitu fired three bullets in the air and questioned why three witnesses, also police officers, who were at the scene were never called to testify yet in one of the statements recorded after the incident one officer says he spent bullets at an unspecified robbery scene in the neighbourhood.
“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 said.
Ombeta questioned whether bullets from this officer’s gun could have been the one that hit the deceased.
The officer is among the witnesses IPOA never brought to court, Ombeta said.
A ruling will be made on January 7 2018.