A Flying Squad officer who shot a man in an altercation allegedly over a bottle of beer has taken the stand.
Constable Edward Manjalu is on trial for the August 27, 2017, brutal murder of William Mwangi.
His trial began in 2017 but was delayed after the officer failed to appear in court for nearly two years.
Mwangi, 32, was shot dead inside his car as he drove away from Club U-Turn in Limuru town at dawn, where he had been watching football matches with friends.
According to a doctor’s report, he was shot seven times. Manjalu was released on cash bail after his arrest and arraignment but went into hiding shortly after.
He was re-arrested in Kakamega after a tedious search in a shooting incident that left him hospitalised. Officers shot him after he refused to surrender or honour a court-issued arrest warrant.
On the night of the killings, the court heard that the officer who was then attached to the Flying Squad unit at the Tigoni police station fought with Mwangi's friends inside the club just a few minutes before the shooting that shocked Limuru residents.
In his defence yesterday, he told high court judge Mary Kasango that he had been issued a Jerry pistol with serial number 41310679 and 14 rounds of ammunition earlier that day.
But he told the judge that he left the gun at home under the lock in his house before joining friends at the club in Limuru.
“I went to Limuru for food and drinks and to watch football because it was a weekend. I did not have my gun,” he said
At U-Turn Club, he said he met many of his acquaintances. He admitted that he joined Mwangi's table at some point after he (Mwangi) invited him to eat with them but said, “I only took a bite because I had already eaten.”
After a few minutes, the accused claimed he excused himself to go to the toilet, and on his way back, there was a commotion for which he decided to assist the bouncer (Gibson) quell.
He said during the scuffle he sustained an injury on the forehead. At that time, he said he decided to go home since "I was bleeding and tired."
He denied claims made by International Justice Mission (IJM) lawyer Edward Mbanya, who represents Mwangi's family, that he was arrested forcibly after the shooting and later after he went into hiding.
Mbanya told the court that after Manjalu became violent, arresting officers had to shoot him twice in the hands.
According to the prosecution, after the shooting, Manjalu locked himself in his house and refused to surrender, forcing police officers to use tear gas and forcefully remove him from the house.
The court ruled on July 28, 2022, that Manjalu had a case to answer because the prosecution had presented enough evidence to suggest that he was the one who killed Mwangi.
The prosecution and the victim's attorney now have 21 days to file their final submissions. The case will be mentioned on December 7.
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