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Family seeks justice as kin dies days after father hands him over to police for stealing

Family of deceased prisoner Moses Moseti consult after witnessing his postmoterm at the Nakuru Level Five Hospital.

Photo credit: Joseph Openda i Nation Media Group

What you need to know:

  • According to his father Mr Samuel Maroro, on June 14, he arrived at his home in Mang’u area in Rongai sub-County from his rural home in Kisii, only to find his son Moses had vandalised a cow shed and stole and sold some of his property.
  • Moseti had allegedly stolen iron sheets from the cowshed and bedding all valued at about Sh13,000.
  • However, this was not the first time the son was stealing from his own parents, so the father who had had enough, felt it necessary to have him face the law in a bid to help him change his behavior.

Mystery surrounds the death of a 34-year-old man, who was in custody at the Nakuru GK Prison, days after he was arrested over vandalism of his father’s property.

The suspect, Moses Moseti, who was facing charges of malicious damage of his father’s property died mysteriously, months after being booked at the facility, with family and prison authorities giving conflicting accounts of his death.

According to his father Mr Samuel Maroro, on June 14, he arrived at his home in Mang’u area in Rongai sub-County from his rural home in Kisii, only to find his son Moses had vandalised a cow shed and stole and sold some of his property.

Moseti had allegedly stolen iron sheets from the cowshed and bedding all valued at about Sh13,000.

However, this was not the first time the son was stealing from his own parents, so the father who had had enough, felt it necessary to have him face the law in a bid to help him change his behavior.

The police from Menengai Police Station arrived and arrested the son, booked him at the station before processing him for arraignment the following day.

The son was charged with malicious damage to property before the court in Nakuru, but denied the charges.

The court directed that he be remanded at the Nakuru GK Prison awaiting hearing of the bond application on September 20.

But about three months later, on Monday September 11, the family received information regarding the death of their son.

Ms Sabina Maroro, his sister said she started receiving condolence messages from neighbours who had learnt of her brother’s death.

Sabina Maroro, the sister to the deceased Moses Moseti.

Photo credit: Joseph Openda I Nation Media group

“We were shocked and had to run to the Nakuru GK Prison, in the London area, to confirm. We could not get anyone to brief us since we did not know who to ask. However, sources from inside the prison told us that my brother had died,” said Ms Maroro.

According to her, an officer only identified as Mr Githinji, who was said to be in charge of the facility welfare, told them that their brother was rushed to the Nakuru Level Five Hospital, after he started panting and foaming, but succumbed while undergoing treatment.

A report from the hospital however, indicates that Moseti was "brought in dead on Friday September 8 at around 8:57 pm with an BID number 04901 and OB No. 126/8/9/2023."

“When we inquired from Mr Githinji what had happened, he insisted that our brother died at the hospital and gave us two options. One was to swear an affidavit not to conduct a post mortem and the second was to agree to care for all the expenses involved. We took the second option,” said Sabina.

What happened? Was Moseti killed? These are some of the questions the family is grappling with.

The postmortem, which was conducted on September 15,2023 at the Nakuru Level Five Hospital, in presence of the family revealed that Moseti died of strangulation.

“The victim died due to lack of oxygen in lungs, brain as he had hyoid bone fracture and congested liver as a result of being strangled,” Government Pathologist Dr Titus Ngulungu,stated in his report also issued to the family.

The family claimed Moseti had no underlying health issues despite the prisons claiming he experienced difficulties in breathing. The family is now suspecting a foul in their kin’s death.

“We are seeking closure on what befell our brother. He had called me over the phone on the fateful day requesting me to send him essentials, but did not reveal any health problems,” said Mr Joseph Onchari, Moseti’s elder brother. 

Joseph Onchari-elder brother to Moses Moseti who died in remand at the Nakuru GK Prison. 

Photo credit: Joseph Openda I Nation Media Group

The father now claims his son was killed while in prison and wants justice served.

“He was still my son and I only wanted to help him change his behaviours. Had I known that he would be harmed while in a place where he is supposed to be protected, I would not have let them take him. Let those who were involved face the law,” said Mr Maroro.

Nakuru Human Rights Network Director who is also the Independent Medical Legal Unit representative Mr David Kuria called for thorough investigations into the matter to establish the circumstances leading to the remandee’s death.

“It is possible there could be more than meets the eye in this, considering that the postmortem has indicated that the remandee was killed. The cases of prisoners dying in cells have been on the rise and it is time for the relevant bodies to get to the bottom of the matter,” said Mr Kuria.

The Deputy Commissioner of Police Mr Mohamed Abdalla who is in charge of the correctional facility however said investigations have been launched into the matter.

Mr Abdalla said that the remandee was rushed to the hospital on Friday evening following a distress call from his colleagues but was pronounced dead upon arrival at the PGH.

“We are aware of the incident which occurred on Friday evening and have invited the officers from the Directorate of Criminal investigations to carry out their probe. They have so far recorded statements from a number of officers and are awaiting the outcome,” said Mr Abdalla.