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Re-Arrest Four for Murder, Says Court
- Details
- Published on Friday, 20 July 2007 07:13
Nyamira District Magistrate Peter Mulwa who heard an inquest into the death of Yuvenalis Nyambegera Nyaribari on July 5, 2000, ruled that the four, among them a primary school teacher, be charged with his murder.
The four Messrs Thomas Oginyo Atina, Samuel David Makori, Masita Ibongia and Evans Yore alias Evans Nyakundi had earlier been acquitted after the case against them was withdrawn by a Kisii state counsel under section 233/2 of the Criminal Procedure Code.
Ordering their re-arrest, Mulwa observed that it was clear from the evidence tabled in court during the inquiry that the commission of an offence had been disclosed and therefore those who committed the offence ought to face the law.
The deceased, then a teacher at Ikonge Primary School was found dead on the morning of July 5, 2000, along a footpath at Bonyunyu-Isecha with multiple injuries on the head while his right leg was missing.
He died from massive bleeding caused by multiple wounds and fractures to the limbs and skull, according to an autopsy report presented to the inquiry by Nyamira MoH, Dr Solomon Bongo.
The inquest was immediately instituted after the case against the four was withdrawn by the state counsel.
Elsewhere, the officer in charge of Kodiaga Prison risks being jailed over the high death rate among prisoners by ignoring court orders to take suspects to hospital.
Siaya senior resident magistrate Francis Omenta yesterday issued an order directing the officer to appear before him on August 15 to explain why the court cannot send him to jail for disregarding its orders.
"It appears this Kodiaga prison boss and his warden think they can never be prisoners," commented an infuriated Omenta.
The magistrate observed that there was something strange going on at Kodiaga and "no wonder there were many deaths at the prison".
Omenta gave the order following complaints from inmates who had appeared before him complaining that despite his directive that prison authorities take them to hospital, they were not adhered to.
Among the ailing inmates was a murder suspect Stephen Owuor Onyango who pleaded with the court that he be taken to Siaya District Hospital for treatment because he knew the prison authorities would not obey the court order as has been the trend.
The magistrate described the complaints as serious court matters adding that such matters have to be obeyed by all and more so by members of the disciplined services.
