Duncan Mutethia joined his friends for a party on Christmas Day, shuttling from one club to another in the bustling, never-sleepy town of Maua in Meru County until the early hours of Tuesday morning.
His friend Edwin Kirimi said that when they parted ways at around 6am on December 26, Mutethia was in high spirits and promised to buy them more drinks when they met again that evening for a "rematch". It was the last time he saw his childhood friend alive.
He said what followed were accusations that Mutethia, who used to sell miraa, had stolen a mobile phone from a clinical officer with police officers at the Maua police station claiming he had been beaten up by a mob.
Those who witnessed Mutethia's last moments say that as he was returning home, the clinical officer followed him, claiming that he had stolen his phone. The medic reported the incident to the nearby Gaciongo police station, and three policemen allegedly followed Mutethia.
When they caught up with the 20-year-old, the officers allegedly wrestled him to the ground and beat and kicked him. The police then took him to Maua police station, about a kilometre away, and locked him in the cells, where other suspects reportedly saw him vomiting blood.
Mutethia's mother Anne Nkirote said she was shocked by the turn of events that led to her son's death, saying Mutethia returned home on Tuesday morning after Christmas celebrations and asked her for breakfast.
“Since I had not yet prepared tea, I asked him to take two chapatis and buy tea in a hotel. He gave me Sh100 and said he would be back for lunch. I don’t know what happened because about 30 minutes later people came shouting that Dan was dying…I was shocked because he was jovial when he left home. I have lost a son who used to help me take care of his two younger siblings,” she said.
His elder sister, Caroline Wanja, told the Nation.Africa that the incident has shocked the family.
“At around 9am, while I was coming from the shop to buy milk, I met Dan running towards our mother’s house. He did not have a shirt so I asked him what the problem was. He told me the clinical officer whom I saw enter the police post had accused him of stealing his mobile phone,” Wanja said.
“I don’t know what the man told the police because when they came out they went after Dan. As he was turning a corner, a female officer tripped him and he fell. She stepped on his chest and another officer hit him on the head.”
She said the officers overpowered Mutethia, bundled him into a waiting car and took him to Maua police station.
Distraught relatives and friends said that if Mutethia had been taken to hospital after being beaten, he might have survived.
Wanja said that when they went to the police station, officers did not allow them to see Mutethia and asked them to go home and wait for the suspect to be taken to court the following day.
On December 27, Mutethia was charged with stealing a mobile phone at the Maua Law Courts. Relatives said that Mutethia collapsed during the reading of the charges and was taken to hospital.
However, a police report filed at the Maua Police Station contradicts the witnesses and states that Mutethia was beaten by members of the public after being suspected of stealing a mobile phone.
Ms Anne Nkirote (right), Duncan Mutethia's mother and a relative during the interview on January 3, 2024.
Photo credit: Gitonga Marete | Nation Media Group
“On December 26 at 10am after being suspected of stealing the mobile phone, the suspect was subjected to beatings by mob injustice where he was rescued by police officers who escorted him to the police station. He was later escorted to Nyambene Sub-county Hospital where he was treated and discharged,” the report says.
It adds that on December 27, Mutethia was arraigned at the Maua law courts, but the charge sheet was rejected by officers from the Director of Public Prosecutions (DPP) because the complainant had not recorded a statement as required by law.
Igembe South Deputy County Commissioner Tanui Kibet confirmed the report, saying that after Mutethia appeared in court, he was taken back to the police station where his condition deteriorated.
“The suspect was escorted back to the police station and immediately started complaining of complications. He was rushed back to hospital, treated and discharged,” he said.
Kibet added that according to the police report, when Mutethia's condition deteriorated further, he was taken back to the same hospital and died while undergoing treatment.
However, an official from the Independent Police Oversight Authority (IPOA) said the agency had launched investigations to establish what happened after the family suspected foul play and filed a complaint.
“IPOA is investigating the incident but we have not yet compiled a conclusive report,” the officer said on condition of anonymity.
