, NAIROBI, Kenya, Oct 11 – The prosecution has closed its case in the trial of a police officer who allegedly killed two brothers in Githurai 45, Nairobi.
Titus Musila alias Katiku, who was attached to Kasarani Police Station is on trial for allegedly killing Kenneth Kimani and Oscar Muchoki on separate dates in 2013 and 2014.
The State had intended to call 22 witnesses, but closed its case after calling 18, saying it was unable to trace other witnesses.
Prosecuting Counsel Catherine Mwaniki told trial judge James Wakiaga they have difficulties especially trying to make available two key witnesses who are based in Norway.
“We cannot trace the deceased’s mother Purity Wanjiku and their sister Stella Mwangi and we surrender the rest to the defence if they wish to have them testify on their behalf,” she said.
But despite the prosecution’s move to close the case the Independent Police Oversight Authority (IPOA) which has been pushing for the trial urged the judge not to close the case until the two witnesses give their evidence.
IPOA said the two women were still willing to testify because they believe their evidence is crucial, but were not ready to come back to the country to do so.
“They still fear for their lives and are not willing to come back to testify. However they believe their evidence can be taken through video conferencing,” argued IPOA.
However, Mwaniki said the suggestion was impractical.
“They have been informed of all the hearing dates and the consequences of their failure to be available. It was only prudent for them to come and be placed under the Witness Protection Program,” Mwaniki said.
The State Counsel further said the text messages which they had alleged were sent to them by the officer cannot and were not verified to ascertain that indeed the officer sent them.
Further the lawyer said the trial has taken too long and it will be in the interest of justice that the prosecution is allowed to close its case.
“If they were really interested, they should have come. The court can rely on the evidence of one of the witnesses, a close family friend who identified the bodies.”