Family seeks justice for slain son as public inquest adjourned

BY EMMA MUGECHI

Njeru Mbugi  and Taratisio Kawe at 

Siakago law courts on Tuesday 

The family a young man from Kariru village, Kiang’ombe location, Embu County who was killed in an alleged mob injustice is on a quest to find justice.

Andriano Mugendi Njiru and his younger brother were headed to Magacha miraa market at around 6am on December 14, 2017 when people known to them stopped them, checked their miraa and beat them up.

The victim's brother survived.

They accused the two brothers of having stolen the stimulant the previous night at Kariru village, Kiangombe location, but Mugendi’s family dispute the claim saying he was killed by people known to him owing to a business rivalry.

The family through the assistance of Taratisio Kawe, a former senior police officer and human rights activist, is seeking to have the suspects charged with murder, even though the Director of Public Prosecutions recommended a public inquest.

The prosecution has lined up 10 witnesses for the public inquest.

 At the Siakago law courts, the prosecution led by Dickson Kimbiti on Tuesday presented the witnesses who were to testify on the events of that morning.

However, they did not adduce their evidence as Siakago Principal Resident Magistrate Thomas Nzioki said the inquest could not proceed as he has been transferred to another station.

He set the hearing date for November 12 and 13.

The deceased’s family lawyer Joachim Ndolo said the police and the department of public prosecution had not implicated a single culprit in the killing, necessitating a public inquest.

Lauding the court for setting aside two consecutive days for the hearing of the inquest, Ndolo revealed the family has 15 witnesses.

A post-mortem report stated the cause of Mugendi’s death as head injury and other injuries sustained through  mob injustice.

The Mugendi’s father Njeru Mbugi said all they want is to see justice done for their slain son, noting that the case had stalled for a long time.

Mbugi narrates how on that fateful morning after being alerted that his sons were in trouble he rushed to the scene and pleaded with the assailants to hand the two to the police if they had committed a crime.

“My son had harvested the miraa from my farm,” Mbugi told pressmen outside the court.

Villagers intervened and took the seriously injured brothers to the area chief, Nicasio Ireri, who directed that they be taken to Siakago Police Station.

The duo was booked but later that day police realised the suspect’s condition was deteriorating and took them to Siakago Sub-County Hospital where both were treated and discharged.

Mugendi later died in police cells.

Kawe who is working closely with the family said delaying of the case had compelled them to visit office of the Director of Criminal Investigations (DCI), Independent Policing Oversight Authority (IPOA) and Director of Public Prosecution (DPP) in search of justice for Mugendi.

He observed that hearing the case as an inquest rather than murder or manslaughter was lessening its weight as suspects are known.

Kawe said top witnesses, including Mugendi’s younger brother who was also attacked, were not listed for the inquest.

He said criminal procedure code of Kenya states that an inquest or murder case should be heard immediately but it did not happen for that case.