POLICE are saying that an AK47 magazine fell out of suspect Ali Gitonga's pocket when he was taken to Aga Khan hospital. He was shot on Saturday afternoon during the Westgate attack.
The family of 35-year-old Gitonga is still insisting that he is innocent and is preparing to go to court to demand his release. On Sunday Gitonga was transferred by military police to the Forces Memorial Hospital.
Yesterday, his wife Khadija Mohammud was waiting for medical records from the Aga Khan Hospital to support her court application for his release. She claims that her husband is a driver who was at Westgate waiting for his employer's two daughters who had gone there for lunch.
She said he was shot by police when he ran out with other people after the attackers started shooting. Gitonga's cousin Nagi Jaffar and Khadija's cousin Mohammed Sayed who went to visit him on Saturday night at Aga Khan Hospital were also arrested and are still being held at the Gigiri police station.
Police claim the two men were plotting to sneak him out of the hospital, claims which Khadija has denied. "They had just come to see him after he called me and told me where he was taken after being shot by the police," she said.
She claimed that the magazine had been planted it on Gitonga to support police allegations that he had something to do with the attack. She has also dismissed police claims that her husband had travelled to Somalia to be trained by the al Shabaab.
Hospital staff interviewed confirmed that a magazine was found when they were attending to Gitonga. They said it was unclear whether it belonged to Gitonga or a wounded Flying Squad policeman who was on the bed next to Gitonga.
A pistol belonging to the policeman has been returned to the Flying Squad. Yesterday neither Flying Squad boss Nyale Munga or his deputy Francis Wanjau was available for comment. Initially police spokeswoman Zipporah Gateria Mboroki who said she did not know why he was being held.