I faked death to save my life during violent robbery

Deputy chief justice Philomena Mwilu’s bodyguard recalled in court how a hooded gunman shot and robbed him of his pistol near Marsabit Plaza along Ngong Road on October 24, 2017.

Police constable Titus Musyoka was ambushed by a gunman who shot him on the shoulder as he collected seedlings bought by the DCJ at a flower garden opposite Impala Club at around 4pm.

The gunman, Eric Njuguna Kamau, then snatched his pistol serial number 44338826 and jumped onto a waiting motorbike before he and his accomplice, James Wachira, sped off leaving him lying down, bleeding profusely.

Musyoka was counting the seedlings the vendor and his worker were loading onto Mwilu’s car when he heard a gunshot and a man ordering him to lie down, before he was shot and he fell down.

The gunman then proceeded to snatch his pistol hoisted on his waist belt as another man shouted “maliza yeye”. He then pretended to be dead.

Musyoka said he lied on the ground and feigned death but opened his eyesslightly to see the movement of his attacker.

He told the court he saw the hooded man jump onto the bike which was parked a few metres from where hewas but he could not see the motorcycle’s registration before they sped off.

It is at that time, he said, that the vendor, Elsavan Githua who had taken cover under the vehicle, and his worker, who lay down beside flower pots, came out and helped him into the car and drove him to Nairobi Women’s Hospital’s Adam’s Arcade branch.

Musyoka was shot on the jaw and left shoulder and a bullet head was removed from his body during a surgical operation at the hospital.

He later identified Kamau as the hooded man who shot him but said he did not manage to see Wachira’s face because of the direction he was facing.

Musyoka was testifying in a case at the Kibera law courts where Kamau, Wachira and Everyncy Khalifwa Shivachi alias Evans Khalif were charged with violently robbing him of his pistol loaded with a magazine with 15 bullets all valued at Sh200,000.

The seedling vendor and his employee also testified and corroborated Musyoka’s account.

Kamau challenged Musyoka’s evidence after he gave a contradicting serial number for his firearm.

According to the charge sheet, the serial number is 33448826 but Musyoka gave 44338826 as the serial number of his gun and Kamau pointed to the discrepancy.

But chief magistrate Joyce Gandani noted the same was a typing error and the prosecution could amend the charge sheet to correct the anomaly.

Kamau also alleged that Musyoka had difficulties identifying him during an identification parade at Kabete police station after the Directorate of Criminal Investigations (DCI) arrested eight people.

But Musyoka disputed his assertion saying he picked him out easily due to his remarkable features.

According to the prosecution, Kamau and Wachira were being sought by the DCI in Ruiru in connection to three similar robberies when they allegedly robbed Musyoka.

They were however granted a Sh1 million bond but were unable to pay and were remanded even as their accomplice Shivachi is out on bond.

The case resumes on December 23.