Mourners of the Mtongwe Ferry tragedy.
It has been 31 years of anguish, frustration, and unfulfilled promises for a Mombasa family still waiting for compensation after the tragic Mtongwe ferry disaster, which claimed the lives of more than 250 people.
The tragedy unfolded on April 29, 1994, when an overloaded ferry carrying over 400 passengers capsized near Kilindini Harbour.
Among those who perished was 24-year-old Mbwele Muta Mbwele, the sole breadwinner of his family.
Ms Salome Mutta who has been pursuing compensation for her late brother Mbwele Mutta for 31 years.
His younger sister, Ms Salome Mutta Mbwele, says her life changed drastically following his death. Her education came to an abrupt halt as her brother had been supporting her through school.
What followed has been a decades-long pursuit of justice that remains elusive.
“Since that incident, it has been back and forth. Every year on April 29, I go to Kenya Ferry Services (KFS), and every time they tell me to come back later,” she said.
Ms Salome recalls being assured by KFS officials that her compensation claim would be addressed — but decades later, no resolution has been reached.
“The last time I spoke to them, they promised to help me sort out the claim, but nothing has been forthcoming,” she said.
Her late father, Paul Chizambo Mbwele, spent years tirelessly pursuing the matter in court in the hope of bringing closure to the family.
According to Ms Salome, he even resorted to prolonged fasting out of despair until media attention briefly rekindled hope.
This led to an apparent agreement with KFS to settle the case out of court.
She subsequently delivered the documents to a lawyer, but months passed without any feedback.
Mtongwe Ferry crossing.
Tragically, her father passed away before any compensation was secured. Determined to carry on his efforts, Ms Salome obtained letters of administration to pursue the claim on behalf of her late brother — but the results have remained the same.
“All my efforts have been in vain. The stress and sleepless nights eventually took a toll on my health. I was diagnosed with an illness, and I’ve been in and out of hospital ever since,” she said, her voice filled with emotion.
Now, she is appealing to the authorities to at least release Sh500,000 as compensation — a gesture she believes would help her family finally close this painful chapter and build a modest home for their ageing mother.
However, KFS appears to have a different account of the matter.
Done and dusted
In response to the claims, KFS General Manager Bakari Gowa expressed surprise that Ms Salome was still raising the issue, insisting that all claims related to the Mtongwe disaster had been dealt with over three years ago.
“I am wondering why she keeps talking about the case. If she still believes she has a compensation claim, I don’t know how she intends to pursue it legally,” Mr Gowa said.
He explained that KFS had instructed its legal team to close all Mtongwe-related cases after payments were processed for valid claims, while others were dismissed for lacking proper documentation.
“We even put up notices in local newspapers giving claimants three months to present their cases. After that window closed, all files were handed over to the courts for determination,” he added.
According to Mr Gowa, only about three new claims surfaced during the notice period and were processed in court, after which compensation was paid.
“As far as we are concerned, we followed due process and closed the matter. Respectfully, we cannot have perpetual claims,” he said.
He further clarified that no claims were settled outside court, and that the entire process followed a strict legal framework.
“All compensation cases were decided by the courts on a case-by-case basis. By the time we came in around 2010, most of the matters had already been concluded. As far as I remember, no more than 15 people were compensated,” said Mr Gowa.
May 3, 1994: President Daniel Moi orders a Commission of Inquiry into the Mtongwe Ferry Disaster that claimed 270 people. Here, President Moi is seen receiving the ferry disaster report from the Mtongwe Commission of Inquiry Chairman, Justice Mbogholi Msagha, in Mombasa in 1994.
He emphasised that KFS never made direct promises of compensation. Instead, claimants were referred to an appointed advocate responsible for managing documentation and court filings.
“Most cases stalled in court due to lack of proper documentation, which is why we issued the three-month notice. Once that period lapsed, the courts closed the files. From our end, there are no active compensation cases,” Mr Gowa concluded.
In 2018, the High Court in Mombasa dealt a heavy blow to survivors and bereaved families when it dismissed over 28 suits related to the Mtongwe disaster.
The court cited non-appearance by claimants despite repeated warnings that failure to attend proceedings would result in dismissal.
The judgement effectively ended the legal journey for many who had waited for decades.
In its ruling, the court noted that many of the victims had boarded an already overcrowded ferry without using available life-saving equipment. It also stressed that any claims of loss or negligence must be backed by evidence — something many failed to provide.
The court documents painted a grim picture of negligence. Claimants alleged that the ferry was overloaded, poorly maintained, and departed recklessly. One petitioner, who filed the claim on behalf of his dead brother, accused the ferry’s captain, Mwinyi Ramadhani, of allowing a female passenger into the control area, causing a distraction.
He also blamed mechanical failure and poor inspection for the disaster.
In the aftermath of the tragedy, then-President Daniel Arap Moi ordered a commission of inquiry to investigate the cause of the capsizing, which led to the suspension of services at the Mtongwe crossing.
Services only resumed in 2017 under former President Uhuru Kenyatta.
While some families eventually received compensation through the courts, Ms Salome is not among them.
For her, each passing year brings painful memories, especially every April 29, unkept promises, and a brother gone too soon.
