Titus Musila – fondly referred to as Kitutu by Githurai residents – lodged the bail application before High Court on Wednesday through his lawyer Cliff Ombetta.
However the Independent Policing Oversight Authority (IPOA) which initiated his prosecution has opposed his release claiming that they have evidence that he was coercing and intimidating witnesses.
Musila is currently remanded at Nairobi Industrial Area Prison after he denied committing the offence.
The Investigating Officer Diana Watila on Wednesday told the High Court one of the witnesses has since disclosed to IPOA that he had received death threats from Katitu should he follow up on the investigations of the alleged murder.
The family of the deceased Kenneth Mwangi, who are expected to testify in the trial also claim they have received death threats and have been forced to relocate from the country.
However Katitu wants to be released on bail pending the hearing and determination of the case on grounds that the offence he is accused of is bailable.
Katitu is alleged to have shot and killed two brothers who are known criminals in Githurai, Nairobi.
In his affidavit, he says he was attached to Kasarani Police Station and has actively served in the police force for 16 years.
He is also married and has four children who need his attention and it is his argument that the prosecution has no compelling reasons why he should not be granted bail.
“The allegations levelled against me cannot be a proper basis to deny me my basic fundamental freedoms and human rights guaranteed by the Bill of Rights,” he states.
If granted bail, Katitu promises to attend all court proceedings when required to without fail.
Justice Roselyn Korir has directed that the bail application be heard Friday morning.