Julius Gitonga M’Muguu, during a ruling at the Shanzu Law Court.
‘I had just arrived at a house occupied by a sex worker to seek her services on the recommendation of an acquaintance, only for the police to show up at the scene claiming that I was involved in the robbery and shooting that killed the slain Kilifi Deputy Governor Kenneth Kamto.’
This is how the prime suspect in the shooting, Mr Julius Gitonga, defended himself against accusations that he robbed Mr Kamto and shot him dead in the early hours of December 12, 2018, at the slain politician’s residence in Nyali, Mombasa.
Kamto had just arrived at his home at around 2am when gunmen stormed his compound as he drove his vehicle past the gate.
Following the shooting and robbery at his residence, Mr Gitonga, Mr Joseph Amwayi Mukabana, Ms Florence Mwanza, Mr Joseph Shoi Chege, Ms. Clementina Nerima, and Mr Muasya Kiteme, alias Mwaa, were charged with several counts of robbery and handling stolen property.
They were charged with robbing the slain deputy governor, his wife Fawzia Dear Omar, and their house help of expensive phones and money.
Kiteme was jailed more than three years ago for 15 years after confessing to participating in the robbery and shooting that left Mr Kamto dead.
However, Mr Chege and Ms Clementina were acquitted after a full trial, leaving Mr Gitonga, Mr Mukabana, and Ms Mwanza fighting in court to prove their innocence.
Evidence presented by Chief Inspector Raphael Wanjohi and Police Constable Ventah Andayi led the court to conclude that the three had a case to answer.
In his defence, Mr Gitonga told Shanzu Senior Principal Magistrate Yussuf Shikanda that he was in Meru when the alleged incident took place.
The 56-year-old introduced himself to the court as a miraa and muguka trader who had returned to the village on December 7, 2018, to check on his cash crop, only to be arrested after coming back to Mombasa on January 6, 2019.
He denied knowing any of his co-accused except Ms Mwanza.
“I know her, I used to visit her and pay her in exchange for sex,” he told the court when asked by state counsel Ngina Mutua about his relationship with his co-accused.
Upon returning to Mombasa from Meru, he explained that he went straight to see Ms Mwanza and asked her to accompany him to his house to clean it.
“I told her that my house was dirty and that I could not afford accommodation at a guest house. She asked for Sh1000, but later we agreed on Sh200. We arrived at my house at 9:30 am,” he said.
At around 4 pm, Gitonga said he heard a knock on his door, and when he went to open it, a gun was pointed at him, and he was ordered to get back inside.
“They were in civilian clothes. I was ordered to sit down and was immediately handcuffed from behind. Mwanza was dragged outside the house. I was blindfolded and kicked in the back, causing me to fall on my stomach,” he said.
He said he was then dragged outside, bundled into a police vehicle and taken to Mjambere police station, where he was interrogated and later charged in court.
“I have never owned a gun. I do not know how to use a gun. The gun presented in court as evidence did not belong to me. I was not found with any bullets,” he said.
He also denied that the house where he was arrested belonged to him and said he had not used a mobile phone since 2016, when he lost his phone along with the SIM card.
“I do not know anything about the charges against me; I was framed, and my witnesses were threatened,” he said.
He urged the court to recognise that he is a victim of unfortunate circumstances and that his entire trial amounts to a witch hunt by authorities eager to close the case of a deceased person of significance due to public pressure and outcry.
“The real killers and perpetrators roam free even now. If the glove does not fit, the court must acquit on all counts,” he said.
When she took the stand, Ms Mwanza surprised the court by stating that Gitonga had not paid her for her services after the police interrupted their session.
“He did not pay me for my services when the police arrested us,” she said.
She also admitted to being found at Gitonga's house, saying that he had been her client for many years and that she had mostly paid his rent.
“I was with him when he was arrested. The police took me outside as they entered his house. They blindfolded him and asked him to lie down. I was not aware there was a gun in his house. I have never seen a gun in his house,” she said.
She said that when she first met Gitonga, he told her he had lost his identity card and asked her to pay his rent using her Mpesa account.
Ms Mwanza said Gitonga would sometimes borrow money from her to pay his rent and pay her back later.
“I would not have entered the house had I known that Gitonga had a gun. I would never have paid his rent,” she declared.
The woman said she had many clients, but on this particular day, she was with Gitonga, who had just arrived from the village and requested her services.
“I never used to pay rent for my other customers; I paid rent for Gitonga on several occasions. I can’t remember how many times I paid for his rent, which was Sh3500 per month.
He was my customer for a long time,” she said.
The woman also told the court that she often quenched Gitonga's thirst at a guest house.
“I went to his house once when I was arrested. He refunded all the rent I paid on his behalf. I have no connection to the gun; there was no evidence against me. No weapon was found in my house in Bombolulu,” the woman said.
Ms Mwanza and Mr Gitonga defended one another against the state's accusations and pleaded with the court to release them.
Mr Mukabana, for his part, blamed his troubles on his brother-in-law, claiming he had framed him in a family feud.
The father of ten denied killing or robbing anyone.
“There is no sufficient evidence against me. My relationship with him was not good. He is the one who mentioned me. I was in Kakamega when the alleged incident occurred. I did not give anyone a phone. I was not staying in Mombasa; I used to visit and return home,” he said.
Gitonga and Mukabana are accused of fatally shooting Kamto and robbing him of three mobile phones valued at Sh28,000.
Mwanza is charged alongside Gitonga for dishonestly retaining the three mobile phones belonging to Kamto and his wife, knowing or having reason to believe they were stolen property, and for being in possession of a pistol loaded with 18 rounds of ammunition on January 6, 2019, in the Kwa Bulo area.
