Three officers to be charged over escape of self-confessed serial killer

A Nairobi court has found that three police officers from Jogoo Road Police Station have a case to answer over the escape of self confessed serial killer Masten Milimo Wanjala in 2021.

The officers, Philip Mbithi, Kamakia Mutuma Boniface and Precious Mwende Mwinzi, have been put on their defence by Milimani Senior Principal Magistrate Robison Ondieki.

The court found that the prosecution provided sufficient evidence to establish a prima facie case against the police officers.

Magistrate Ondieki said that the prosecution proved that the officers wilfully neglected their duty to prevent Wanjala's escape during the night of October 12 and 13, 2021.

“I find that the evidence adduced by prosecution witnesses has proved a prima facie case against the three accused persons. They are hereby put on their defenses," he ruled.

The charges against the trio include aiding a remandee's escape and negligence of duty.

The officers are scheduled to present their defense on September 27, 2024.

The charges against Mbithi, Mutuma, and Mwinzi state that "on the night of October 12 and 13, 2021 at Jogoo Road Police Station within Nairobi county jointly being officers in public service wilfully neglected to prevent Wanjala a murder suspect, a duty you were dutifully bound to perform under National Police Service Act."

The trio are accused of allegedly helping Wanjala escape from lawful custody before he travelled to his rural home in Kabuchai, Bungoma county where he was stoned to death by a mob.

The suspect who was in his mid-twenties had been arrested and detained at the police station over the murder of at least 12 children.

On the fateful day, Wanjala escaped from custody and it is the same date he was to take plea over the killings.

During the trial, three officers had informed the court that there was a blackout at the Jogoo Police Station on the day Wanjala escaped.

They argued that this hampered their ability to monitor the suspects.

the day that the suspect escaped from police custody there was no light, The state failed to provide light so the police officers on duty took shifts at 7 pm in total darkness using the spotlight on their phones to count suspects,” their lawyer said.

The lawyer further faulted the state for not charging Wanjala with murder saying he had been held at Jogoo Police Station from June to October 2021 and had become more like a police officer.

“It is true there was a suspect who was taken to Jogoo Road Police Station in June this is more like a police officer, this person knew very well the operations of the police in my opinion he should have been charged,” the duo told the court.

The case will proceed for defence hearing on Friday.