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Impunity as police let killer walk free

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Published on Friday, 05 February 2010 02:58

The crowd was ecstatic as it cheered in jubilation after their candidate was declared the winner. But as they sang and danced in celebrations, one of the 2007 poll losers in the Kitutu Chache parliamentary elections, who looked agitated, stormed out of Marani Counting Hall followed by his aides.

Fearing that the crowd would attack him, he drew a gun. His aides followed suit.

Lydia Kemunto Ogoti points at the grave where her husband, Robert Ogoti was buried. Above: Ogoti, also inset, during his baptism day.

Moments later, gun shot sounds rent the air prompting the crowd to scamper for safety.  But at that time, disaster struck.

"I was there when it happened. I was shot on the leg," said George Maiko a victim. "My family and I are currently following up on compensation."

"I was outside the Marani Counting Hall and people were shouting as they celebrated the results. There were very many people including the police," Maiko remembered.

He says a section of the crowd was jeering at the man who was about to lose prompting him to lose his temper. Then his aides led him away while shooting in the air to scare away the crowd.

Maiko says he saw the contestant with the gun and he heard him threatening the crowd.

"When I heard the first sound of the gunshot, I tried to run but I could not. I got scared and very confused. I tried to walk but still I could not. I then felt a sharp pain on my leg…I discovered that a bullet had hit my leg," Maiko said.

John Ondegu, who was also present during the chaos, says he saw the aspirant boiling with rage as some people mourned and others celebrated the results.

"He was walking with his aides and he had a gun. I think he thought the crowd wanted to attack him and so he wanted to scare them away," explained Ondegu.

"I saw his bodyguard shoot in the air. He had a gun too and he was shooting haphazardly. He was fuming and saying ‘somebody will die! Somebody will die!’…I did not see him shoot directly at the deceased because there was panic and everybody was running away after the gunshot sounds," recalled Ondegu.

He says after the shooting, the election loser sped away in his car and that is when people realised that the bullets had hit two people. He says Robert Ogoti Ombwori and George Maiko were the victims of the shooting. Regrettably, Ogoti, who was shot from the back, died while on his way to hospital.

Ogoti’s aunt, Anne Kengara, says when her nephew was shot, police were present and hundreds of people witnessed the shooting.

However, police did not bother to record statements from witnesses and neither did they arrest the suspected killer.

Since then, it has been two horrendous years for the deceased’s widow, Mrs Lydiah Ogoti as she seeks for the elusive justice.

"My husband was shot dead in broad daylight and police know who shot him. Despite my several trips to Rioma Police Station where the case was reported and Kisii Police Division, I have never received justice as the officers keep tossing me from one office to the other," explained the tearful widow, who now has the up-hill task of taking care of her three children alone.

Ogoti’s last born son, who is barely one and half years old, never saw his father. The innocent boy was still in the womb when his father was killed. His mother now has the task of explaining to the children what happened to their father.

"Life is unbearable. Nobody came to my rescue. I am about to give up. My children never cease to ask me why we ‘put their father in the soil’. They often take forks and try to dig up the grave, something that always breaks my heart," she said tears rolling own her cheeks. The heart-breaking story began on December 28, 2007. Apparently, the victim had a premonition.

"My husband left home that morning for Marani Shopping Centre. He told me he was not sure he would get to see the New Year. He told me to take care of the children," recalled the widow sorrowfully. Little did she know that was the last time she would see him alive.

A sorrowful Lydia with her two sons and daughter.

Hours later, somebody brought in the devastating news: "Ogoti had been shot dead."

The killing was reported on the same day and police launched investigations.

But to date, two years later, nothing has been done to the alleged killer.

The matter was even reported to the Kenya National Commission on Human Rights in November last year. The commission’s vice chairman, Hassan Omar Hassan said they are closely following the case to ensure justice is done.

Hassan said his commission was aware of the case and had already instructed the family members to contact a lawyer and ensure justice is done.
"It is so sad that the culprit is known yet nothing has been done. We refered the matter to a lawyer for intervention that will lead to investigation and prosecution," said Omar.
"It is important that the matter is concluded. This level of impunity should be punished. Every Kenyan should be guaranteed equal importance despite their position in the society," added Omar.

Now hopes that justice will be done are waning fast as the widow and other family members wait in agony to see the culprits apprehended and punished.

Anna Kemunto, the victim’s aunt, says police have failed to help the family get justice. She suspects the politician could be using his political and financial power to stop justice.

"On January 6, 2008, a post-mortem examination was conducted on the deceased’s body at Kisii General Hospital and the body buried on January 11. The then Kisii Central DCIO, Mr Juma Shadrack told us to bring witnesses. Another officer, Mr Mwongera kept telling us to return after every two weeks. He then changed this and asked us to return after one month before finally telling me the case was already in Nairobi at the AG’s office," said a tearful Kemunto.

The family says it has been taken in circles since then. Kemunto, who has closely followed the case to ensure her nephew’s killer would be brought to book, is tired of the bureaucracy in the police force but vows she will not give up.

"I thought justice was going to be done but seemingly the police are no longer interested in assisting us. As a family we are completely stranded. Lately, whenever we visit the police station to inquire about the progress of our case, the officers disappear from office," she alleged.

"We are only crying for justice. We know that whatever we do our brother will not rise from the dead. We only yearn to see the person behind the killing arrested," said David Ombwori, the victim’s brother.

The post-mortem examination showed Ogoti was shot from behind. A bullet tore an artery in the thigh causing excessive bleeding.

But despite all this evidence and the presence of many witnesses, the killer is still wandering free and undeterred.

Meanwhile, the 24-year-old widow and her three children are languishing in poverty, as Ogoti was the sole breadwinner for the family. She is still waiting for the evasive justice and hopes that somebody in the Government will order for action to be taken.