Six years after a security guard was fatally attacked in Murang'a County, his widow and children are calling for justice as it emerged that three suspects surrendered to police three times but were turned away and allowed to pursue arbitration.
On May 15, 2017, Francis Waweru, 71, who worked as a security guard at Muti Secondary School in Ithanga Kakuzi sub-county, was attacked by three men on his way home at around 5am. He succumbed to his injuries at Thika Level Five Hospital on May 18, 2017.
Following his death, the area administration and elders are said to have convened a kangaroo court at his widow's house on May 27, 2017 and started negotiations that led to the payment of 25 cows as blood money.
However, the widow and her children say they refused to accept the cows as payment for the death, but were coerced to do so by area administration and police.
Murang'a Senator Joe Nyutu, Murang'a Law Society of Kenya (LSK) Chairman Alex Ndegwa and the Central Region Justice for Widows Empowerment Network have since rejected the settlement, calling it illegal. They have called for justice and for the 'negotiators' to be held accountable.
“It is simply an absurd revelation that is criminal in nature and that which casts government image in very negative light…If I were area police, I would arrest the suspects like yesterday and charge them with murder,” said Mr Ndegwa.
“I also demand that all the elders and the administrators, including the then senior security officers serving in the region, be prosecuted for duty negligence and possible corruption,” he added.
According to the situation report (SITREP) prepared by the Ithanga police station for the county security committee, "an incident of attempted theft at Muti Secondary School ended with serious injuries to the watchman who was rushed to hospital in critical situation".
The report was received by the then County Commissioner John Elung'ata as the Chairman of the County Security Committee, Ms Naomi Ichami as the County Police Commander and Mr David Kandie as the County Criminal Investigations Officer.
Ms Ichami said she remembered the case and it was not right, "but my predecessors can deal with it".
The report states that “three suspects surrendered themselves at Ngelelya police post, confessing that they had murdered the watchman. But after we enquired, it emerged that he had not died but was in critical condition”.
The report adds that “we advised the suspects to first go home because there were not enough grounds to hold them as per procedure and timelines of identifying the penal code offended and arraigning [them] in court”.
After being turned away, the three suspects, identified in the police report as "profiled troublesome characters in the society", surrendered at Ithanga police station on May 17, 2017 and again confessed to assaulting Mr Waweru.
“The station commander did not find it as sufficient ground to hold them since the suspect had not died but was in a critical condition, hence [he was] of the view that more monitoring time should be allocated to the incident”.
And when the victim died on May 18, 2017, the three suspects again reported to Ithanga police station and offered to go and make peace with the deceased's family, a request that was granted.
Area Chief Timothy Munywoki Kandiki is listed as the officer tasked with facilitating a meeting between the elders, the family of the deceased and the families of the attackers "and [to] report back to the station within two weeks".
Mr Kandiki reported to the station on June 10 that two of the suspects' parents had agreed to share the fine of 25 cows. The cows were then valued at Sh12,000 each, making a total of Sh300,000.
“One of the suspect’s parents refused to take part in the negotiations saying they were ready to lose their son to consequences of his criminal life. But those of the other two agreed to pay Sh150,000 each and a further Sh5,000 each for the elders,” the incident report states.
Chief Kandiki told Nation.Africa that “the whole plot was crafted by the police and I was not actively involved…some village elders were”.
The report adds that the deceased's widow, Ms Theresia Wanjiku, then aged 54, had refused to accept the offer “but was made to see the sense of amicable settlement of the dispute in a win-win situation”.
Theresiah Wanjiku, 60, who says she was forced by administrators to accept 25 cows as compensation for the murder of her husband.
Photo credit: Mwangi Muiruri | Nation Media Group
Ms Wanjiku told Nation.Africa that “I had turned down the offer…my children also turned it down but the chief and some police officers told me it was the government’s decision that I be compensated instead of being subjected to tedious court appearances with no guarantee of justice”.
The deceased’s daughter, Ms Ng’endo Waweru, said that “for years we have lived in raw anguish seeing the grave of our father and imagining that his death through murder was reduced to a 25-cow affair”.
Ithanga Kakuzi subcounty Police Commander Patrick Nyaanga said he was in charge of the area at the time of the incident.
“Someone from the family should report to Ithanga Police station. It is an old case that needs reactivation,” he said.
Ithanga Kakuzi Sub County Police boss Patrick Nyaanga says the case can be reopened if family members insist.
Photo credit: Mwangi Muiruri | Nation Media Group
Ithanga Assistant County Commissioner Dorcas Mwangi said, “I first need to acquaint myself with the details since it has never come to my notice…But if it was as you put it, that was wrong”.
Mr Ndegwa, for the LSK, countered that “the case by virtue of having an incident report means it was recorded in the Occurrence Book (OB) hence it is still live”.
“The only thing needed to reactivate this case is someone walking into that police station and ask about the status of that OB report…all murder cases have a file at the station and it must be there…If not there, one should immediately be opened and the then security bosses charged with negligence of duty and possible lack of integrity,” he said.
Mr Ndegwa added: “It is weird that senior police officers who are members of the Court Users Committee usually get coached on due process and also get more help from the Office of the Director of Public Prosecutions on dos and don’ts in serious cases”.
He added that all criminal cases, unlike civil ones, don't expire and “there is nothing that will stop area police from being tasked to arrest suspects and arraign them in court”.
