Court orders fresh probe into student's murder

A judge has ordered that contested photographic evidence of a scene where a student was murdered be presented in court.

The Mombasa Polytechnic student was shot dead at a club in Kimilili, Bungoma on July 2014.

Bungoma High Court judge Abida Aroni granted the order after the defence team representing the accused businessman, Henry Waswa, tendered an application challenging the authenticity of the photos.

Waswa is accused of shooting dead 25-year-old Mitchi Kibiti, a son of Bungoma Chief Officer David Kibiti, in a birthday party with friends.

Defence lawyer J Amollo told the court that Corporal Benjamin Mukinusu, who presented the photographic evidence (PW6), failed to produce negatives of the pictures he took that night at the crime scene, raising queries on the credibility of the evidence.

The prosecution witness told the court he took the pictures piecemeal after rushing back to the station to pick some more films.

But the defence team told the court their efforts to compel the prosecution to produce negatives was unsuccessful. Amollo further demanded perusal of entry book at the station where the officer signed for the camera and films before leaving for the assignment.

Aroni in her ruling allowed the application and ordered availability of the negatives and the glossy pictures in two weeks’ time.

“The prosecution has no right to deny them the evidence,” said Aroni.

State counsel Felista Njeru had earlier protested the application, terming it prejudicial and a waste of the court’s time.