‘Smoke’ snake that left lawyer speechless

Police have dismissed claims by a lawyer that he was attacked by a snake and rendered speechless before the snake turned into smoke.

A second police investigation report dismissed the attack claims by a lawyer in the Kitutu Masaba election petition.

The report in our possession on an investigation conducted by Inspector Koech Khendi says none of the witnesses interviewed confirmed seeing the snake as alleged by Mr Alphaxard Osoro Mogikoyo, who is representing area MP Walter Nyambati.

Mr Mogikoyo had claimed that he was preparing for court at 4:20am in his room number 18 in a Kisii hotel when he heard a knock on the main door.

Perhaps his colleague Jackson Omwenga, who was in room 19 in the same hotel, wanted to discuss something with him, he thought.

When he went to open the door, he did not see anybody, but as he was closing it, he felt a strong push from outside. He though whoever was knocking wanted to enter, but he could not see anybody.

But as he was closing it, Mr Mogikoyo said he felt his body being tied and on checking, saw a black snake.

He claims he was shocked upon seeing the snake; and tried to scream but he was rendered voiceless. The snake was coiling upwards around his body.

In the report, Mr Koech says: “None saw a snake attack to Mr Osoro,”

Mr Omwenga apparently answered to a distress message from Mr Osoro, and went to the hotel reception to get security guards to witness the saga.

They returned to find Mr Osoro in a “disturbed, confused, shocked and scared state”, the report says.

According to the report, rooms 18 and 19 had stairs from ground floor separating them. It further says that the guards are not located close so a commotion could easily take place and pass unnoticed.

“All witnesses confirmed that counsel was found in a confused, disturbed, shocked and scared state, making those who visited him believe he was attacked by the snake,” the report said.

“My lord, in conclusion only Mr Osoro strongly confirms to have been attacked by the snake,” Mr Koech concluded.

Last Monday, Mr Mogikoyo dismissed the first report tabled in court by Inspector Julius Emase which also indicated no evidence to prove the snake attack.

But Mr Mogikoyo maintained that he was indeed attacked by the snake saying Mr Emase’s report was heavily influenced by what the prosecution had read from the court file.

Emase’s report said although Mr Mogikoyo said the snake came from nowhere and coiled around his neck and legs and latter disappeared, there was no other evidence that can let the police arrive at a conclusion that there was or there wasn’t a snake in or outside the hotel room.

“We would not be able to arrive at any conclusion as to whether the same snake coiled Mr Mogikoyo’s legs and neck and that the same caused loss of his voice,” the report read.

It also pointed out that Mr Mogikoyo had a sore throat, but added that it was also difficult to prove whether it came about as a result of shock.

“After careful observation of the history of this petition, I have observed that most of the adjournments were caused by Mr Mogikoyo’s side. The case is now at an advanced stage,” Inspector Emase said.

“I conclude that the lawyer or his side were to seek a way of getting an adjournment and I also observe that they knew according to the history of the case that the court was unlikely to have granted the same,” he added.

Dismissing Mr Emase’s report, Mr Mogikoyo said the attack was scaring, and he had never encountered something of such nature.

The counsel told resident judge Justice Milton Makhandia that media reports portrayed him in bad light, adding that his claims were never manufactured but a true picture of what befell him.

He said on arrival, inspector Koech sought to know which hospital he went to.

“My lord the officer attached to Kisii CID also wanted to know who my neighbour in the hotel was and I told him,” he said.

“My lord when the snake coiled around me, I hit it several times and it produced a voice like that of a deflated tyre then turned into smoke,” he added.

Mr Mogikoyo said the incident was as a result of the work of Satan. The counsel said he should not be charged on the basis of the history of the case.

“My lord the Press can damage a reputation that is why I pray that you protect me from falsehood,” he said.

In his ruling Justice Makhandia said after the court had heard from the horse’s mouth, the truth may never be known but it remained with Mogikoyo.