Key witnesses in Mercy Keino’s inquest ‘missing’

By Pamela Chepkemei

Nairobi, Kenya: A prosecutor has complained to a Nairobi court conducting the inquest into the death of a former University Student Mercy Keino over the failure by police to trace key witnesses and produce them in court.

A senior state counsel representing the Director of Public Prosecutions in the case told the trial magistrate Mr Peter Ndwiga that the police have failed to bring witnesses to court due to “some issues” which he did not elaborate.

The state counsel said that some of the witnesses who the police say cannot be traced live in Kiambu County.

“There are key witnesses who are within Kenya and have not been bonded to attend court simply because there are other issues,” said   deputy Director of Public Prosecutions, Moses O’mirera.

One of the defence lawyers told the court that it was up to the DPP to produce the witnesses in court. He added that the witnesses cannot be forced to testify or arrested but the prosecution have to conduct and conclude their case.

The state counsel complained after the investigating officer informed the court that he had only managed to bring a senior police officer who investigated the case.

He said he was unable to call other witnesses because the state counsel has told him he wants them to testify in a certain sequence.

Mr O’mirera said he intends to call Mr Kabogo, his body guard and the driver as the last witnesses.

Kabogo, his driver and aides have been adversely mentioned in the death of the student whose body was discovered on Waiyaki Way

The investigating officer told the court that getting witnesses to come and testify can sometimes be difficult. He made the remarks when he was told to explain the reason why there were no witnesses in court.

The inquest was ordered by the DPP to investigate   the death of Mercy, who died under unexplained circumstances on the night of June 17, 2011 last after attending a party at Wasini Luxury Apartments   in Nairobi.

A senior police officer who conducted investigations into Mercy’s death told the court on Monday that he was directed on June 20, 2011 to take over the case from Parklands Police station.

 Superintendent Japeth Maingi who was then the DCIO Gigiri Division, said he recorded a statement from Mercy’s father, Mr Joseph Keino.  Mercy’s father was accompanied by former Belgut MP, Charles Keter.

Mr Maingi said a witness had called Parklands Police Station saying that he had seen a motorist driving a Mercedes Benz motor vehicle run over the body of Mercy which was on   Waiyaki way.

Samples were taken from the vehicle which belongs to Mr Wycliffe Lugwiri for analysis but the police officer handed   over the file before the results were out.

The hearing was adjourned to May 2.