
Kaito could've stil won
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He had the perfect opportunity, it was so simple yet a gaurantee for the plan to work as kokichi intended, all kaito had to do was in the end of the trial, after getting out of the existal and declaring himself as the real culprit, after monokuma says that they got it right and that kaito was indeed the killer, kaito simply has to say that he isn't the killer, kokichi could've still died by either the hydraulic press or the poison, there's no way of knowing, making it a false verdict given it's literally impossible, and monokuma can't declare the vote wrong given he just declared it as the correct answer
He could also say kokichi died by the poison first then was put in the hydraulic press making the killer known and the verdict 100% false not just a 50/50 even if he is lying, monokuma can't know for certain
I think kaito didn't do it because he didn't want to endanger maki and saw that shuichi and the others made significant progress and can defeat the mastermind on their own