All is well that ends well for dad framed in killing

• Ex-officer tells how he was arrested and spent 4 years in custody for a crime he did not commit

Before he was arrested and charged with an offence that saw him spend close to four years in remand, the former police reservist, photojournalist and publicity officer at a tourist hotel in Mombasa had everything to live for.

But Mr Titus Musau, a former Nation Media Group employee, who was eventually acquitted by High Court judge Joseph Sergon for lack of evidence, said he would never forget the evening that completely ruined his life.

He spoke to the Saturday Nation after his release a few days ago about his prison ordeal and shivered at the thought of that evening that cost him his dreams, his job, his reputation and the love of his daughter and deprived him of the right of proving that he was innocent.

Drove to a bar

He and a policeman were charged with murder just because of a call he made to the officer.

It was October 25, 2004, when Mr Musau left a Mombasa hotel after the day’s work and went home, where he lived with his daughter, aged 11 at the time.

At about 9.45pm, he left the house and drove to a bar at Magongo.

“I ordered a drink and sat on the verandah alone,” he recalls. “The pub’s security manager joined me for a chat, but would occasionally leave and come back.”

At about 12.30am, he says, the security manager told him that there were three “suspicious” people who had walked in, and who he claimed that they were carrying large amounts of money, which they allegedly started sharing out minutes later.

“The security manager told me he was not comfortable with the three patrons who were accompanied by a lady, and I told him that I would alert the police.”

Mr Musau then tried calling police telephone number 999 on his mobile one, and that after several unsuccessful attempts, he called the then Mombasa district police officer who instructed the duty officer at the Changamwe police station to find out what was happening.

The duty officer was driven to the scene by a corporal, who was later charged with murder, and upon arrival, two of the “suspicious” patrons had already gone, leaving behind their colleague and the lady.

“The patron was already too drunk and dozing, and two barmaids who had seen him dishing out money to his colleagues had already surrounded him and started pick-pocketing him,” he noted.

The police officer then walked in and arrested the two people said to have stolen from the patron. But due to the commotion, the man woke up and demanded to know what was going on.

“It was at that point that the man punched me, after he was informed by the lady that I had called the police. He then turned to the police officer, tried to snatch his pistol, which was tucked in his waist and the two started fighting.

When the officer’s driver noticed that his boss was unarmed and overpowered, he fired two shots in the air and a third at the patron to dislodge him. The officer then recovered his pistol, and since the patron was injured, he was rushed to hospital. He died three days later.

Mr Musau recalls that after the incident, he continued to work at the usual hotel, but over time, he was called by police to record statements.

At one time, he claimed, he received information that some dishonest police officers were colluding with the deceased’s associates to frame him, and even wrote a letter to the assistant director of public prosecutions to claim some witnesses were doctoring statements.