Court to pass Judgement for three suspects accused of shooting Deputy Chief Justice Mwilu’s bodyguard after the nullification of the 2017 presidential results.
The said Judgement is expected to be delivered on October 19, 2022 at Kibra Law Courts.
Three suspects in the case of Deputy Chief Justice Philomena Mwilu’s bodyguard being shot and bleeding from his jaw in 2017 have claimed mistaken identity.
Everyncy Khalifywa Shivachi alias Evans Khalif Shivachi, James Wachira Kibe, and Eric Njuguna Kamau have all stated that they did not commit the crime.
They presented their case to Kibera senior principal magistrate Esther Boke.
They are accused of violently stealing a pistol and a magazine loaded with fifteen rounds of ammunition worth Sh200,000 from police constable Titus Musyoka. They were carrying a pistol.
During the attack, one of the accused shot and wounded the complainant, according to the court.
Shivachi, the third accused, testified in court that the prosecution’s evidence was insufficient to convict him.
“Unknown to the defence, a new charge sheet was introduced in the record purporting to state that the pistol’s S/NO was KP44338826, which differed from the earlier one contained in the complainant’s statements,” he explained.
He told the court that the prosecution’s evidence was inconsistent and urged the court to return a no case to answer verdict against him.
He claimed that the prosecution misidentified him and incorrectly placed him at the scene of the crime.
Kibe, the first accused person, also testified in court that the inconsistency of the prosecution witness proves he did not commit the crime.
He pleaded with the court to release him. The third defendant also made a written submission to the court.
Musyoka while testifying in court described how the robbers nearly killed him.
Musyoka stated that the incident occurred shortly after he left the Supreme Court grounds in a blue Prado.
He’d just picked up a student from Montessori Academy and dropped him off at home.
The crime was committed on October 24, 2017, along Ngong Road in Dagoreti, Nairobi, opposite the Impala Club.
