Appeals Court judge Kalpana Rawal, chairperson of the commission investigating the helicopter crash that killed Prof George Saitoti, and Major-General (Rtd) Harold Tongai, a commissioner, during a hearing last year. Photo/FILE NATION MEDIA GROUP
By ABIUD OCHIENG’ aawiti@ke.nationmedia.com
Posted Thursday, February 14 2013 at 22:30
Posted Thursday, February 14 2013 at 22:30
The family of former Internal Security minister George Saitoti should not claim compensation from the government, says an ex-helicopter pilot.
Captain James Nyongesa Wafubwa on Thursday told High Court judge Eric Ogolla that the commission investigating the June 10, 2012 helicopter crash in which Prof Saitoti died, deliberately left out crucial evidence to clear the air on the accident.
The commission investigating the crash that killed the former minister, his assistant Orwa Ojodeh, bodyguards Joshua Tonkei and Thomas Murimi, and pilots Nancy Gituanja and Luke Oyugi is led by Appeals Court judge Kalpana Rawal.
Capt Wafubwa said the loopholes had left the Treasury in a situation where it is likely to compensate families of the victims.
He said the helicopter was a State aircraft manufactured specifically to enable the police to have an upper hand in fighting criminals and was not subject to the technical specifications under the Aviation Act.
He said that whether there was foul play or not, the ministers boarded the helicopter which they knew was manufactured specifically to engage robbers and terrorists at any time and at any place with the possibilities of it being blown off the air.
The captain accused the commission of not investigating whether the minister and his assistant had indemnified the taxpayer from any liability since it was a requirement that the two should have undertaken.
Capt Wafubwa said despite having applied to be allowed to give a pilot’s explanation of the accident the commission went ahead to prepare a final report without including such views.
He said there were other crucial issues that had not been addressed.
They include how the pilots were trained, how they prepared the flight, how they handled the aircraft and why there were different levels of carbon monoxide in the bodies.
Capt Wafubwa said the team wasted time on doctors who could only determine the level of carbon monoxide, but had no idea of its origin.
“These are issues we have tried without success to present before the commission. The commission never allowed the few pilots who appeared before it to analyse the crash site, sky track and meteorological report.”
The captain said the few helicopter pilots who testified failed to present proper evidence since the commission used statements to bombard them with questions that prevented the truth from coming out.
Mr Justice Ogolla directed Capt Wafubwa to serve the parties ahead of the hearing on February 21.
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