By Stella Mwangi and Joseph Masha

A former traffic policeman charged with the murder of an MP is misleading the court, the prosecution has said.

The prosecution called 23 witnesses to the stand and alleged the policeman’s claim of being provoked by the MP was misleading.

Andrew Moeche has been charged with the murder of Ainamoi MP David Too and Eunice Chepkwony, a fellow traffic officer, on January 31, last year, in Eldoret.

While making his final submissions, Assistant Deputy Public Prosecutor Patrick Gumo told the High Court they had proved beyond reasonable doubt the accused had malice and a motive when he committed the offence.

Mr Gumo told Justice David Maraga there was evidence to suggest the officer had been trailing the deceased for a while, with the intention of killing them.

He dispelled the defence’s suggestion that the late MP confronted the accused concerning the policewoman accompanying him.

He said there was also evidence the accused first shot the woman before shooting the MP.

Fired first

He added claims the legislator fired first and the accused was trying to defend himself, were false as ballistics experts had shown only one gun was used at the scene.

He said while the arms registry showed the accused had been issued with 15 bullets and a Ceska pistol, only two were recovered from him on his arrest.

He also rubbished the theory of a love triangle, adding there was no evidence to suggest the accused and the deceased were formally married.

He said attempts to introduce a love triangle and provocation theories were intended to sway the court.

"We believe we have established our case to the standards required by the law and therefore ask the court to find the accused guilty of both counts of murder," he said.

The court will to deliver a ruling on October 29.

Elsewhere, police in Kilifi are holding a man, 50, suspected to have been defiling his 13-year-old daughter for a week.

The man, also suspected to have infected the girl with the HIV, was arrested by wananchi as he waited for his doze of ARVs at Kilifi District Hospital.

Local Chief Patrick Yaa, said the man whose name was given only as Pekeshe, had been committing the crime for a week, before the mother found out.

He said at first the girl was not willing to reveal the issue, but she was later forced to speak out when her mother beat her.

She confessed her father had threatened to kill her if she told anyone.

Mr Yaa also said the police were looking for a traditional medicine man alleged to have defiled his 12-year-old old daughter in the same area.