DJ Joe Mfalme, real name Joseph Mwenda Munoru, and five others will now be State witnesses in the murder case of police officer Felix Kelian Kitosi. This is after the Director of Public Prosecutions (DPP) found that they have no case to answer as there is no evidence to linking them to the murder.
However, the DPP has ordered that his hypeman Allan Ochieng, alias Hype Ballo, be charged with the murder of the DCI officer.
"After investigations, police have recommended that Allan Ochieng be prosecuted over the death of Kitosi," a prosecutor told the Kibera Magistrate on Monday.
Consequently, police have closed a miscellaneous application file in which DJ Joe Mfalme, his assistants and some police officers were being investigated for the murder.
Three police officers are persons of interest in the suspected murder of a senior detective attached to the Directorate of Criminal Investigations (DCI) which came after 14 days’ investigations by DCI prosecution Renson Mulele.
“ODPP has further recommended that the 1st accused Allan Ochieng be charged with the murder of the late senior cop that was attached to DCI Dagoretti. The ODPP has recommended Allan Ochieng to take a plea at Kiambu Law Court and be charged with murder,” ODDP said.
The detective is said to have died in mysterious circumstances in Kikuyu, Kiambu County last month.
The three officers were arrested following the death of the DCI officer who was attached to the Dagoretti sub-County DCI office.
The three officers, two men and a woman attached to the Traffic Department were arrested following the death of the officer and detained at Riruta Police Station.
According to a police report, Kitosi died after being assaulted following a traffic accident. The report does not mention names or the circumstances of the assault.
“It was reported today the 22nd March 2024 at around 1600hrs by one Reinhard Kitosi, the brother to the deceased that no.241451 Inspector of Police Felix Kelian Kitosi of DCI Dagoretti had passed on while undergoing treatment at Nairobi West Hospital.
"The deceased had been involved in a non-injury traffic accident within Kikuyu market near Kikuyu police station on Saturday, at about 0400hrs. He had earlier complained of abdominal pains and was on treatment. Preliminary investigations reveal that he was assaulted by known persons after an altercation over the non-injury road traffic accident (sic),” the police report said.
Late police officer Felix Kitosi.
Photo credit: Courtesy
The arrest of those linked to Kitosi's death raised questions as to why the police waited six days until the officer's death before taking action against the four.
The entertainer and his team last month were performing at a busy club on Thika Road when they were picked up at night by police officers.
An altercation erupted after Kitosi's vehicle scratched a car belonging to the DJ as he was leaving the car park.
The bouncers then confronted the police officer, pulled him out of the car and allegedly assaulted him with kicks and punches.
They claim the officer was later taken to Kikuyu Police Station where he was assaulted by police officers while in custody.
His health deteriorated and he was rushed to Lang'ata Hospital before being transferred to Nairobi West Hospital where he died.
In the report, the police stated that he was indeed involved in an accident in which he was assaulted. The report was filed by Reinhard, the deceased officer's brother.
The management of the nightclub at the time said that the incident never took place at their premises and that they were not even aware that it had happened.
“I can assure you that the incident never took place within the club. Just follow the matter well and you will know the truth. If it had happened here then we could have resolved the issue,” the manager said.
