Gun used to shoot DCJ Mwilu’s guard, used in three other incidents
A Ceska pistol that was used to shoot deputy Chief Justice Philomena Mwilu’s bodyguard in 2017, was also used in three shooting incidences according to a ballistic expert.
While testifying before Kibera chief magistrate Joyce Gandani on Wednesday, Police Superintendant Mwendawiro said he examined the bullets and cartridges used in the shooting and found that the Ceska pistol was used.
“I examined both the bullets and cartridges and were of 9 x 19mm calibre, I also found that a Ceska pistol was used and the pistol had been used in another three robbery incidences in Githurai Kimbo area,” he told the court.
He said that both the cartridges and the bullets were from one gun.
“I did a comparison between the bullets and the cartridges and I realized that they were fired from one gun, the gun was involved in other shooting incidents in Githurai 45 according to police charge registration number 266/228/2017, 266/344/2017 and 266/341/2017,” he said.
He said that the Ceska pistol was submitted to him from Buruburu police station.
“The pistol registration number 85b/ serial number G82/69 was submitted by the DCI Buruburu on November 17/2017 according to OB number 40/16/1/2017, I found out the cartridges and the bullets were fired by the same pistol, ”he told the court.
In the case, James Wachira Kibe, Eric Njuguna Kamau and Evaryncy Shivachi, alias Evans Khalif, are accused of violently robbing Musyoka of his pistol, a magazine loaded with bullets and Sh200,000 at gunpoint. They denied any wrongdoing.
The offence is said to have been committed on October 24, 2017, along Ngong Road opposite Impala Club in Dagoreti, Nairobi.
Already a security guard attached to Deputy Chief Justice Philomena Mwilu had testified in the case.
Police Constable Titus Musyoka said the incident happened moments after he left the Supreme Court premises driving a blue Prado. He had just picked a child from Montessori Academy and dropped him home.
“I left the Supreme Court and went to Montessori Academy to pick a child,” he told the chief magistrate.
After dropping the child, he proceeded to the Coptic Hospital area to buy some plants from a flower garden that belonged to Mr Kiragu, whom he had known for more than 10 years.
“I arrived at the garden and I found Kiragu and his two employees but Kiragu informed me that the plants I wanted to purchase (bottom brass and others) were few. He advised me that they were present at the next garden,” he said.
He said that at the garden near Impala Club, he was accompanied by Kiragu and one of his employees. He parked the car facing the gate and Kiragu and the employee started loading the plants.
“I asked them how many they had loaded when I had a gunshot. I heard the second gunshot and found out I had been shot and was bleeding in the left jaw and the left shoulder,” he said.
He then lay down and pretended to be dead.
"I pretended that I had died. A man came, picked my gun and left,” he said.
He said the man fled on a motorcycle.
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