According to a statement released by the Independent Policing Oversight Authority – IPOA, on Thursday, April 30, the appellate court ruled that Titus Ngamau Musila, popularly known as Katitu to serve 15 years in jail for the fatal shooting of Kenneth Kimani Mwangi in Githurai, Nairobi.
Katitu, who was popular among Githurai residents for combating crime, was found guilty of murdering Kenneth Kimani Mwangi on April 14, 2013, at the Githurai 45 bus stage and was arrested in 2014 before being sentenced to serve 15 years in jail in 2018, with the judge directing that 4 years already spent in custody to be commutted.
His arrest sparked protests, demonstrations, and running battles between residents and law enforcers in Githurai 45 as the locals demanded his release claiming he had helped reduce crime in Githurai 45, Zimmerman and Githurai Kimbo.
Titus Ngamau alias Katitu at the High Court in Milimani on February 7, 2018.
Daily Nation
Katitu began appealing his conviction soon after his sentencing, culminating in the appeal before Appellate Judges W. Ouko, F. Sichale and S. ole Kantai, all of whom ruled against the appeal on April 24, 2020.
The court was particularly concerned that police officers often covered-up for their colleagues whenever they face investigations by IPOA.
“The blue code of silence is a common phenomenon spanning across different countries and police cultures in America, Europe, Asia and even Africa.
“It is the unwritten rule according to which police officers never provide incriminating information about their colleagues. IPOA has faced a number of challenges in this respect,” the court noted with concern.
The judges insisted that the success of IPOA was dependent on total cooperation from the police, a matter that is complicated by police officers covering up crimes for their colleagues.
“Often the police fail to provide adequate cooperation for IPOA to prosecute police officers allegedly responsible for committing crimes. Police deliberately bungle some of their investigations in order to protect fellow police officers,” the court stated.
It insisted that the case involving Katitu was no different as the police officers had sided with him in effect making the case drag on longer than it should have.
Officers at a passout parade at Kiganjo Training College in Nyeri on March 3, 2017.
Daily Nation
“Out of the 15 prosecution witnesses, eight (8) were police officers, who were determined to maintain the “blue code of silence” and ensure they saved one of their own.
“Indeed, it was only after the intervention by IPOA and other pressure groups that the appellant’s nearly two years of freedom after the incident was brought to an end,” the judges noted.