Director of public prosecution Keriako Tobiko who is seeking to reopen an inquest into the death of former University Student Mercy Keino.
BY SAM ALFAN.
Director of public prosecution Keriako Tobiko wants an inquest into the death of former University Student Mercy Keino reopened, claiming crucial evidence has been doctored with.
Tobiko told court that a video clip they consider very critical in unearthing the mysterious death has been tampered with hence the need to reopen the file.
Keino’s disfigured body was found on Waiyaki Way on June 17 2011 after she attended a party hosted by Kiambu Governor William Kabogo at the luxurious Wasini Suites in Westland, Nairobi County.
Tobiko said a CCTV recording, allegedly showing movements of those who attended the exclusive party and which was with the police and supposed to be adduced as evidence has been altered.
Through his deputy Moses Omirera the DPP said that evidence is crucial and will be fair to reopen the inquest which was at the final stage and was waiting a ruing.
“We are applying to have the inquest reopened so that we can get the original recordings which shows the movements of those who attended the party” Omirera said.
Although witnesses claimed Keino was slapped severally by Kabogo before she stormed out of the hotel and later found dead, a video clip played in court did not show the alleged altercation.
The application by Omiera was opposed by lawyer Cliff Ombeta who represents Wycliffe Lugwiri whose mercedenze benze was mentioned by witnesses and Stanley Kangai who represents Kabogo
“There is no provision in law that allows an inquest to be reopened once it has been closed. The DPP closed the inquest after calling all the witnesses that he had and he should try to bring in new evidence” Ombeta argued.
The lawyer said the Dpp should let the matter to proceed to the end and appeal the court ruling if he dissatisfied.
He said parties had been directed by the court to file their final submission and a ruling to be issued on whether those adversely mentioned have a case to answer on not.
“The DPP has not given a compelling reason to warrant this court reopen the case” Kangai added.
Chief Magistrate Judge Daniel Ogembo directed that principal magistrate Peter Ndwiga who was handling the case before he was transferred, be recalled to hear the application on December 11.
The inquest which began in September 2012 and the DPP called 22 witnesses before he closed his case.