Court frees police officers indicted over self-confessed serial killer's escape from custody

Three police officers indicted over the escape of self-confessed serial killer Masten Wanjala from custody about three years ago have been acquitted due to alleged insufficient evidence.

Senior Principal Magistrate Robert Ondieki delivered the ruling on Tuesday barely two weeks after he had declared that the evidence availed against the officers was sufficient to charge them with aiding a prisoner escape custody and neglect of official duty.

On September 26, the magistrate said the prosecution was able to prove that the officers namely; Philip Mbithi, Boniface Mutuma, and Precious Mwinzi neglected their duty, leading to the escape of Wanjala on the night of October 12, 2021.

The case was investigated by the Internal Affairs Unit (IAU).

In his ruling, Milimani Magistrate Robert Ondieki the prosecution was able to prove that the officers (Philip Mbithi, Boniface Mutuma, and Precious Mwinzi) neglected their duty, leading to the escape of Wanjala on the night of October 12, 2021.

"I find that the evidence adduced by the prosecution witnesses has proved a prima facie case against the accused persons. They are hereby placed in their defence," said the magistrate.

Wanjala had been indicted for the murders of at least 14 boys in Nairobi and parts of Eastern and Western Kenya, a crime he confessed to have committed after allegedly drugging his victims.

While in police custody, he had led detectives to areas where he dumped bodies of his victims, in one of the most chilling cases in the history of the country.

A chronology of the incidents perpetrated by the suspect at the time showed that between 2015 and July 7, 2021, more children continued to bear the brunt of his inhuman acts of cruelty until the time, detectives following leads on one of the abductions unearthed him at his hideout in Kitengela.

Admission

After his arrest, Wanjala admitted to having killed over 10 children whose identities he revealed as including; 13-year-old Aron who was strangled at Kamukuyo in Kimilili in the year 2019 and 13-year-old Augustine Mukhisa whose body was found dumped in a sack in a toilet next to his father's house in Chwele, Bungoma county sometime in 2020.

This is the same village where Wanjala hailed from where police suspected that he fled after killing yet another child years ago.

In December 2020, Wanjala confessed to have picked two street boys from Eastleigh and Mathare and strangled them separately before dumping their bodies.

On June 30 and July 7, 2021, the suspect also kidnapped and strangled 13-year-old Charles Opindo Bala and 12-year-old Junior Mutuku Musyoka.

Wanjala detectives to the scene where one decomposing bodies were found in Nairobi near Kabete Approved School and the other at a thicket near Spring Valley in Westlands on Wednesday morning.

Another victim only identified as 12-year-old Austin from Kitengela is said to have been strangled and his body dumped in a sewage along General Waruingi Street in Nairobi.

Then there was a 13-year-old boy only identified as Josee who was picked from Mlolongo and just like Austin-he was thrown into a road sewer along General Waruingi Street in Nairobi.

Musa, his eighth victim, was found strangled, thrown in a sack and body dumped at Eastleigh's 12th Street roundabout. The body was taken to the city mortuary where it was later positively identified by its relatives and buried.

The Director of Criminal Investigations at the time, George Kinoti said all the murder victims were stupefied by the suspect using a white substance that was in powder and liquid forms.

"The victims were either forced to drink, sniff or were sprayed with the substance before the horrendous acts were committed on them. Also recovered is a calendar with the dates of incidences inscribed," said Kinoti.

Detectives suspected that in most cases, he committed the horrendous crimes alone as he first worked on gaining the children's trust before strangling them.

Detectives traced him after trailing his calls to one of the children's parents. He was arrested at his cousin's rented house in Kitengela, Kajiado county only to escape custody and flee to Bungoma where he was lynched by an irate mob.