Ki­ambu Gov­er­nor Wil­liam Kabogo cleared in Mercy Keino’s death

Mag­is­trate rules she was not a vic­tim of homi­cide and may have been the au­thor of her own mis­for­tune by wan­der­ing onto a busy road drunk

The Star (Kenya) - - Front Page - MANUEL ODENY @TheS­tarKenya

Ki­ambu Gov­er­nor Wil­liam Kabogo yes­ter­day was cleared of any wrong­do­ing in the death of Univer­sity of Nairobi stu­dent Mercy Keino in 2011.

Mag­is­trate Peter Nd­wiga ruled that Keino was not a vic­tim of crim­i­nal homi­cide. Kabogo and five oth­ers had been ad­versely men­tioned in an in­quest into the death.

Be­fore her death, she and other young women at­tended a party hosted by Kabogo at Wasini Lux­ury Apart­ments, West­lands. She was re­ported to be drunk and un­ruly and es­corted out.

Her body was found on Waiyaki Way in Nairobi on the night of June 17-18, 2011. It was mu­ti­lated and bones had been frac­tured.

“It is clear the ad­versely men­tioned par­ties had no mo­tive to harm the de­ceased,” Nd­wiga said. “The ad­versely men­tioned par­ties have there­fore been ab­solved of blame and can­not be held li­able for [Keino’s] death.”

The 45-minute rul­ing was read in an empty court­room at the Ke­han­cha law courts in Mig­ori county. Nd­wiga heard the pro­ceed­ings at the Mil­i­mani law courts in Nairobi but he was trans­ferred to Ke­han­cha.

Di­rec­tor of Pub­lic Pros­e­cu­tions Ke­ri­ako To­biko or­dered a pub­lic in­quiry to es­tab­lish how she died af­ter po­lice failed to link any sus­pect to the death.

Nd­wiga said the in­quest could not es­tab­lish how she met her death. Ev­i­dence showed she was last seen rush­ing to­wards busy Waiyaki Way. Pos­si­ble cause of death has been ruled a “fa­tal hit and run road ac­ci­dent”.

“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,” Nd­wiga ruled.

The judg­ment said CCTV footage screened in the in­quest showed Keino was “clearly mis­be­hav­ing in a drunk, ag­gres­sive and vi­o­lent” man­ner. Footage showed Keino hit­ting a guard in the groin when she was re­strained from smash­ing win­dows, pic­ture frames and bot­tles.

A wit­ness told the in­quest Keino was found in the mid­dle of Waiyaki Way and was pulled to safety but she ran back to the road. That was the last time she was seen alive.

The mag­is­trate said Wit­ness No 5 falsely tes­ti­fied that Kabogo “slapped, kicked and tram­pled on the de­ceased”, which was widely re­ported in the press, but could not be sub­stan­ti­ated via CCTV footage. Some 46 wit­nesses tes­ti­fied in the in­quest, which is for­mally closed.

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