Kabogo Cleared Of Keino’s Death Claims.
While clearing the six who were adversely mentioned in the case,
the magistrate who conducted the inquest, said all the evidence produced did
not link the people who had been mentioned in the death. Ndwiga, who heard the
proceedings at the Milimani Law Courts in Nairobi, delivered the judgment
yesterday from his new station in Kehancha, Migori County.
“After carefully evaluating the
evidence presented before the court, the adversely mentioned
parties had no motive to harm the deceased and cannot be held responsible for
the death. It’s however not forthrightly clear how the deceased met
her death or how, when and by whom the fatal blow was administered. There are
clearly no other co-existing circumstances which would weaken or
destroy the inferences derived from that circumstantial
evidence,” said Ndwiga in his ruling.
The Director of Public Prosecutions Keriako Tobiko had
ordered a public inquiry to establish how the student died after police failed
to link any suspect to the murder.
Ndwiga said the adduced evidence has not supported the
theory of criminal homicide. While terminating the case, the magistrate
said that it was the opinion of this court that the evidence on
record did not disclose the commission of an offence by the
persons who had been mentioned.
“It is unfortunate that the inference created herein is that
the deceased wandered onto a busy public road in a drunken stupor
in the middle of the night and hence may have greatly contributed or may
have been the author of her own misfortune whereby she was
involved in a fatal hit and run traffic accident,” the magistrate
ruled.
The closure of the inquest is a big relief to
Governor Kabogo whose political opponents were already using the case
to taint his political image in Kiambu.
During the hearings, Mr. Kabogo, told the inquest that he
was not involved in Ms. Keino’s death and alluded to the possibility that he
was being fixed politically.
In February this year, Chief Government Pathologist Johansen
Oduor told the inquest that Ms. Keino “sustained fatal injuries before her
death but acquired more as she passed on.”
The body of Ms. Keino was found on Nairobi’s Waiyaki Way,
after she attended a house party hosted by Governor Kabogo.
The family of Ms. Keino had disputed that
the deceased died in a road accident and later
demanded thorough investigations into the
circumstances surrounding her death.
Dr. Oduor, who conducted the autopsy on the body, testified
that it was difficult to determine the “cause of death” because of the multiple
fractures she sustained in the ordeal. He said the autopsy could not ascertain
whether she was killed elsewhere and her body dumped on the highway or whether
she was hit and run over by car in motion.
Others cleared by the court include Emanuel Mugaru, Robert
Gitau, Joseph Kangethe, Peter Munene and David Kuria who were also
present at the Wasini Luxury Homes where the night party took place.
The public inquest was opened after the investigating
officers could not establish the cause of the death and the
persons responsible, and hence forwarded their report to the director
of public prosecutions who later directed that the matter be disposed of
by away of inquest.
“From the outset, it’s clear that the prosecution
counsel leading the inquest a Mr Omirera, fronted several divergent theories on
how the deceased had met her sudden and sad demise,” said the magistrate.
“The theories put forward included that the
deceased had been involved in a fatal hit and run traffic
accident and that the deceased had been killed elsewhere and her body
dumped on the city road,” he added.
A total of 46 witnesses appeared before the
court and testified in the inquest. Two of those witnesses were
the deceased’s family members while another one was a fiancée of the deceased
identified as Ronald Kiprop Kemboi. Nine others were from Wasini
Luxury Homes in Nairobi where Ms Keino attended the night party.
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