Families of missing persons cry out for justice

Edward Ng'ang'a

The recent disappearance of a lawyer, his client and their driver has evoked memories of similar cases countrywide that remain unresolved. International Justice Mission lawyer Willie Kimani, his client Josephat Mwenda and driver Joseph Muiruri went missing from the Mavoko Law Courts, moments after attending a court session. Their bodies were found in Ol Donyo Sabuk River, Machakos County. Four officers are in custody in connection with the killings. Sadly the incident, which saw lawyers across the country down their tools in protest has been replicated many times over. Often, the families of the deceased insist they were last seen in the hands of persons they believe were police officers. We bring you some of the reported cases

Thursday March 17 began like any other day for Edward Ng’ang’a Kangau, a fleet manager with Super Metro bus plying Nairobi-Kikuyu route.

Kangau, a father of three, was in a hurry to get to work but would first stop at Kikuyu Police Station, where his wife, Virginia Muthoni, said he had been summoned by an officer.

“He got a phone call on Wednesday evening from an officer at the station who said he wanted to talk to him. The officer had earlier requested my husband to accompany him to the station but when a friend insisted on joining him, the two were let go. The same officer called my husband again and asked to see him the following morning,” says Ms Muthoni.

Kangau would leave for the station, alone, on Thursday, and that was the last time Muthoni saw him.

The recent disappearance of lawyer Willie Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri, made Muthoni relieve memories of her husband's mysterious disappearance, and re energised her hope to uncover the truth. The three, whose bodies were found in Ol donyo Sabuk river are believed to have been abducted after a court session at Mavoko Law Courts. Four officers are currently held in connection with the killings.

“I called him during the day but he didn’t answer. I assumed he was busy at work and would call later. But when I got home in the evening and he wasn’t there I got worried,” she says.

Thus began a search for Kangau, marked by visits to Kikuyu, Tigoni and Kabete police stations, and morgues. A week after his disappearance, Kangau’s body was found in a thicket in Gilgil town, about 100km away from Kikuyu town.

To date Muthoni is convinced the police know something about her husband’s disappearance and has sought help from the Commission on Administrative Justice (CAJ).

In correspondence from CAJ to the Independent Policing Oversight Authority (IPOA), dated April 11, the commission refers to the complaint regarding Kangau’s disappearance and subsequent murder.

Says the letter,” Mr Ng’angá availed himself to the station and subsequently disappeared only to be found dead in Gilgil. The complainant further alleges that Mr Ng’ang’a was last seen in the company of plain clothes policemen by members of the public”.

The Directorate of Criminal Investigations(DCI), in earlier correspondence to CAJ, dated March 28, acknowledges receiving a complaint from Kangau’s relatives over his disappearance, which was reported and booked at the Kikuyu Police Station as O.B 49/18/3/2016. The DCI, in the letter, said it appeared Kangau was summoned to its offices at the Kikuyu Police Station on March 15 and that his family insisted that they suspected his visit to the station had something to do with his disappearance.

The letter states that the officer who had summoned Kangau to the station said he did so in order to share with the deceased complaints against his company reported by commuters. Kangau is said to have visited the police station with a friend and left after discussions with the officer in the DCI’s Kikuyu office.

The letter, signed by a J M Muithwii, DSM, District Criminal Investigation Officer (DCIO) Kikuyu, continues: “During the date of the disappearance(17/3/2016) it was alleged that Edward Ng’ang’a Kangau had visited Kikuyu Police Station but I wish to state that he didn’t visit our offices and there was no issue that would warrant him to visit our offices. The said Edward Ng’ang’a Kangau couldn’t have recorded any statements with my office since there was no investigative inquiry that was being undertaken by my officers either concerning him or the company he worked for. That position is contrary to the assertion attributed in your letter to the OCPD Kikuyu that he made enquiries to me and I confirmed that Edward Ng’ang’a Kangau had recorded a statement, which isn’t true.”

The DCIO says after discovering one of his officers was adversely mentioned in connection with the disappearance, he found it prudent, in the interest of a balanced investigation and avoidance of doubt, to advise the County Criminal Investigations Officer in Kiambu.

“It would be fair for the same (investigations) to be carried out by a neutral office hence the matter was referred to the complaints section at the DCI headquarters in Nairobi.”

In Kakamega, four police officers mistakenly killed a taxi driver three weeks ago. The officers were tracing a stolen white Probox vehicle on that fateful night. Caleb Mungai, died after police sprayed his car with bullets. Moses Ombati, Western police regional commandant and county commissioner Kagethe Thuku regretted the inciden and said investigations have been launched.

In Kisumu County, Isaack Oduor, a former police officer, is facing murder charges at the High Court over the killing of Collins Okoth Owino.

The incident allegedly took place on on June 14, 2014 as football fans watched a game at a video center in Manyatta.

And Kevin Kipchumba, 14, was shot dead by a police officer eight years ago at the height of post-election violence in Turbo, Uasin Gishu County.

The family is saddened by the fact that despite identifying the officer who was commonly referred to as ‘Kandie’, attached to Riverside police post, justice is yet to be served.

- Additional reports by Grace Wekesa, Christine Ogutu and Silah Koskei