Monday, October 3, 2011

Who killed driver of key Uhuru witness?



By Cyrus Ombati
More than a year since the driver of a key defence witness at the confirmation of charges hearings at The Hague was gunned down and killed, no one has been charged with his murder.
Unknown assailants ambushed Mr Jackson Ogora outside his residence in April last year, just fifteen minutes after dropping Kikuyu MP and Assistant Minister for Local Government, Mr LewisNguyai Ng’ang’a at his 
house before heading home.
Kikuyu MP Lewis Nguyai (right) at a past function with Deputy Prime Minister Uhuru Kenyatta (centre) and Limuru MP Peter Mwathi. Nguyai’s driver was killed last year. No one has ever been arrested for the crime. [PHOTO: COURTESY]
Nguyai appeared as a defence witness for Deputy Prime Minister Uhuru Kenyatta at The Hague on Thursday last week, and claimed to have been threatened by elements of the outlawed Mungiki sect in the past. In his testimony, Nguyai did not link the killings to the outlawed sect.
However, the late Ogora’s 
family now says they are yet to get justice, as the crime remains unsolved even as police confirmed on Sunday they were yet to get the “gunmen” who shot the driver dead on April 8, 2010.
A member of the deceased’s family, who asked not to be named for fear of being targeted, revealed that they had all along suspected the killing of Ogora was not accidental or a normal crime incident as alleged by police, and asked for further investigations.
Although residents talked of a series of crimes in the area at the time, police still classify it as a “normal” crime and the case has made little headway. 
“We are still waiting for justice over the killing because it did not add up. Even since then nothing has happened,” said the relative of Ogora.
Speaking from Satellite estate in Nairobi, Ogora’s kin said the family suspects the police are hiding the truth about Ogora’s murder.
Efforts to reach members of the driver’s larger family in Kisii were unsuccessful by the time we went to press.
On Sunday, police said the case had been classified as “pending under investigation” and that the file is still open.
The appearance of the Kikuyu MP at the ICC as a defence witness of finance minister Uhuru Kenyatta has refocused attention in several blogospheres on the circumstances under which the driver may have been shot.
At the ICC Pre-Trial Chamber II at The Hague, Nguyai testified to the judges that he received threats and was a victim of an extortion attempt from “Witness 12, linked to the illegal Mungiki sect, who he claimed demanded Sh3million.
Nguyai alleged he met with some members of the Mungiki sect several times between January and March, 2008 who wanted access to top Party of National Unity (PNU) leaders and other politicians.
Mr X and 12
The MP said he met two Mungiki leaders referred to at the ICC court as “Mr X and 12” in January 2008 at the Jacaranda Hotel, Nairobi.
Nguyai told the court the Mungiki men said if they could not get audience with President Kibaki, they would want access to Uhuru, Environment Minister John Michuki or Internal Security Minister George Saitoti.
When Ogora died, Nguyai gave an interview to a local television channel in which he accused the police of not being “vigilant enough” and added: “The crime wave is rising on that end and it needs to be revamped and even if it is a change of personnel it needs to be looked at.”
Appearing to also link the killing to crime in the area, Nguyai talked of a criminal nicknamed “the one man guitar” that he claimed was linked to previous crimes in the area, including carjacking, for over a year before the killing of Ogora.
“I was not in the car when the incident occurred...somewhere between 11.45pm and 12.00am. I had just been dropped home at around 11.30pm and I got a call like two minutes past 12pm that Ogora has been shot and he is being taken to MP Shah Hospital. By the time I got there I found he had already passed away,” said Nguyai at the time.
He questioned why the suspect had never been apprehended and why he was concentrating on that area.
Interestingly, nothing much was heard of the so-called “one man guitar” after this interview with K24 which is owned by Media Max, and even the police do not appear to have bothered pursuing this line of inquiry.
While it is not clear whether the death of Ogora is linked to Mungiki or why he was killed, his relative told The Standard the family suspects there was much more behind the murder.
Police said the death of Ogora is pending under investigations. Central CID boss Henry Ondiek said the file on the death of the driver is still open.
Ogora and a bodyguard were ambushed by the assailants at Kamutiini shopping centre in King’eero, Kikuyu constituency, some 18 kilometres from the city centre. 
The scene of the crime was just a few metres from King’eero Police Post.
At the time of their attack, the bodyguard had alighted and was walking to his house. 
The attackers fired once from the front side of the minister’s official Volkswagen Passat car, prompting the bodyguard to shoot back.
Preliminary investigations have since showed the killer bullets hit Ogora in the waist, but strangely, police investigated to establish if the bodyguard fired the shots.
Spent cartridgesPolice who arrived at the scene said they collected six spent cartridges of a pistol bullets and one of an AK 47 rifle, which was apparently fired by the gunmen.
Nguyai said at the time the thugs escaped without stealing anything from their target.
While appearing in defence of Uhuru at the ICC, Nguyai said “Witness 12” demanded cash to exonerate the Deputy Prime Minister from alleged involvement in the post poll chaos.
He claimed the witness started by sending texts in a bid to 
secure payment, and then later called using anonymous numbers.
Nguyai said the witness asked him to pass the message to Uhuru so that the payment of the cash is fast tracked.
Nguyai said that although he did not connect them with Kenyatta gave them his telephone number and got theirs after ascertaining that they were top leaders of the Mungiki sect.
“I met with them (eight times) from January, February and March,” Nguyai told the court.
“They wanted 
money and resources and ammunition to fight those fighting the Kikuyu people,” Nguyai said.
“I would give them pocket money of between Sh2,000 and Sh3,000,” Nguyai told the court. He said the two Mungiki leaders told him that their network was not in operation because of the violence and thus could not get any money.

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