The court heard that the crucial CCTV footage, meant to show the full sequence of events, was improperly handled.
A warrant of arrest has been issued against a police officer in connection with incomplete CCTV footage that failed to capture the full sequence of events leading to the tragic death of a woman and her daughter, whose vehicle plunged into the Indian Ocean at the Likoni crossing channel in 2019.
Mombasa Chief Magistrate Alex Ithuku issued the warrant after Corporal Moses Mahiuha failed to appear in court despite having been summoned last week over concerns that the footage presented was incomplete and improperly handled.
“Mr Mahiuha was served with court summons and is absent without giving any explanation. Therefore, we issue a warrant of arrest against him,” ruled the magistrate.
This followed a submission by State Counsel Alex Ndiema, who informed the court he had seen proof the officer was duly served but chose not to attend the hearing.
“I have seen conversations confirming that the officer was served. There is a clear lack of seriousness in how this matter has been handled. I request that a warrant of arrest be issued,” Mr Ndiema said.
Mr Mahiuha is required to explain why the footage submitted as evidence was incomplete and why he returned the full version to Kenya Ferry Services (KFS), which is now under scrutiny.
The court has also directed the Directorate of Criminal Investigations (DCI) to present the full CCTV footage, showing events from the moment Mariam Kigenda and her daughter Amanda Mutheu boarded the ferry to when their vehicle slipped off MV Harambee and plunged into the ocean.
The magistrate noted that the explanation provided by Likoni DCI boss Reuben Lwambi revealed serious lapses in the handling of the footage, deemed a critical exhibit in the case.
“I direct that the DCI present the complete CCTV footage in court during the next hearing,” ruled Mr Ithuku.
Chief Inspector Lwambi and his team were also directed to ensure all protocols are strictly followed in retrieving and handling the footage from KFS.
“This includes formally documenting whether the footage retrieved has been tampered with,” the magistrate added. The court will assess the footage’s integrity and issue further directions.
KFS management was exempted from future appearances after the court heard that it was Mr Mahiuha who improperly returned the footage to the agency.
Testifying in court, Mr Lwambi said he took over as Likoni DCIO in April this year and was briefed about the ferry tragedy. He confirmed that the video presented in court was incomplete and only showed the lower segment of the original footage.
He explained that the case was initially investigated by officers at the Ferry Police Station before being transferred to the Likoni DCI office, without the full CCTV footage. Only a written narrative of the events was provided.
“The initial investigating officer, Mr Mahiuha, was to be the custodian of the footage. He told me he had it but later returned it to KFS,” Mr Lwambi testified.
When asked by Mr Ndiema if he was aware that Mr Mahiuha had told the court he did not have the complete footage, Mr Lwambi said he was unaware and had only been briefed by the officer.
The court also heard that the CCTV footage had been divided into three segments. Mr Lwambi confirmed he had viewed all parts and that a complete version exists.
“The clip played in court was incomplete. I have seen the full footage, and what was presented was not in order. I cannot identify who edited and submitted the incomplete version,” he said.
He added that only one segment—omitting key details—was submitted in court, and Mr Mahiuha’s decision to return the full footage to KFS was against standard procedure.
“There should have been documentation detailing how the exhibit was handled. What happened was improper,” he added, assuring the court that the full video exists and can be produced in court.
He offered to investigate who prepared the incomplete clip and confirmed the full footage remains safe at KFS, although retaining custody of the exhibit was against procedure.
KFS General Manager Bakari Gowa and Kenya Ports Authority (KPA) Litigation and Disputes Manager Michael Sangoro also appeared in court. Mr Gowa said he was unsure what was required of him as KFS had since merged with KPA.
“We do not know how the court exhibit ended up back at KFS or who instructed the officer to surrender it,” said Mr Sangoro.
He added that Mr Mahiuha should file an affidavit confirming whether the footage at KFS matches what he originally reviewed.
Mr Ndiema criticised the return of the footage to KFS and its presentation in fragmented form in court, calling it a serious irregularity.
The prosecution and court now seek clarity from Mr Mahiuha on why only part of the footage was submitted and why the complete version was returned to KFS.
The footage relates to the September 29, 2019, incident in which Ms Kigenda, 35, and her daughter, Amanda, 4, drowned after their vehicle, a Toyota Isis (registration KCB 289C), slipped off MV Harambee and sank into the Indian Ocean.
The incomplete footage came to light during the inquest when the current investigating officer, Mr Bob Otieno, presented a short video showing the vehicle slipping into the ocean. The court noted it lacked the full sequence leading to the tragedy.
The complete footage reportedly shows the exact moment the car reversed and plunged into the ocean.
The inquest has exposed serious concerns about MV Harambee’s condition. Witnesses testified that its prows—critical safety mechanisms meant to prevent such accidents—were faulty and could not be raised.
Mr Gowa admitted the ferry’s safety systems were compromised and said he had known about the faulty prows before the incident. He blamed a lack of government funding for delays in critical repairs and a full overhaul of the ageing ferry.
Another witness told the court that a list of urgent repairs had been prepared but was never implemented due to budget constraints. Despite the risks, MV Harambee remained in operation before and after the accident.
The court also heard that the victims’ vehicle was the last to board and reversed into the ocean about six minutes after departure, around 6:13 p.m. Their bodies were recovered 13 days later in a multi-agency operation.
The inquest continues in September.
