Why Tobiko has ordered inquest into student’s death

Remember Mercy Keino, the University of Nairobi student who was killed after she reportedly fled from a party at an exclusive apartment in Nairobi?

Mercy’s body was found on Waiyaki Way, having been run over by vehicles, but there were fears it might have been dumped there to mask her killers’ trail.

Now her family will have to wait a little longer to establish the cause of her death.

This follows a decision by the Director of Public Prosecutions Keriako Tobiko to order an inquest into the June 18 death on the grounds that police investigations were not conclusive.

In a letter to Nairobi Provincial Criminal Investigations Department boss Peter Muinde, Mr Tobiko said there was no sufficient evidence to conclude Ms Keino died as a result of a hit-and-run car accident.

Suspicious circumstances

“Although the evidence gathered does not connect the death of the deceased to any identified person or group of persons, nonetheless, the circumstances surrounding her death remain suspicious and suggest possible foul play,” the DPP wrote on November 30.

Mr Tobiko directed the inquest to be held at the Chief Magistrate’s Court in Milimani, Nairobi.

“At the inquest, all parties concerned will have an opportunity to interrogate the evidence gathered by the police and also to adduce their own evidence,” the DPP says.

Mr Tobiko says he has appointed two senior prosecutors to conduct the inquest.

“In view of the nature and gravity of this matter, the proceedings shall be conducted on behalf of the State by two senior prosecuting counsel I have appointed. Do, therefore, proceed to prepare three additional bundles and inform us urgently once the matter is lodged in court,” says the letter to Mr Muinde.

On Thursday, Mercy’s father, Mr Joseph Keino, told Saturday Nation that he had not been briefed on the new developments.

“I am planning to visit the office of the public prosecutor to know the progress of the case. Police told us that everything was with the DPP.”

Earlier, Director of Criminal Investigations Ndegwa Muhoro said police had finished investigations and forwarded the file to the DPP.

“The investigation is over. Initially after we handed over the file to the DPP, he returned it to us highlighting the issues he wanted probed further. That was done and the file is back to his office,” Mr Muhoro says.

He adds: “We have made recommendations and so the matter is not over until the DPP concurs. He may also give other directions.”

Ms Keino was last seen alive at Wasini Luxury Homes in Westlands, Nairobi, where she had accompanied a cousin, Ms Scolastica Namwai Kamemba, to a party attended by, among others, Juja MP William Kabogo. 

Her dismembered body was found on Nairobi’s Waiyaki Way hours after she had left the home at night.

A postmortem report said the body had been crushed beyond recognition after being run over by vehicles.

But questions were raised at her burial when the family claimed she could have been killed elsewhere and the body dumped on the road as a cover up.

“We are not satisfied with the story we are being told about the death of our child... we urge the police to conduct further investigations to unearth what really happened,” Mr Keino told mourners in Belgut.

Her boyfriend, Mr Ronny Kemboi, vowed to get to the bottom of the mystery.

“We planned our future, but God had other plans. But I will look for answers to the death of Mercy,” he said, fighting tears.

Police were prompted into action after the Sunday Nation published a story questioning circumstances surrounding her death.

The investigation revolved around two theories: that she was either a victim of a hit-and-run road accident or the 25-year-old postgraduate student was murdered elsewhere and the body dumped on the road.

Wild goose chase

The latter was supported by the account of a witnesses who reported to police having seen a body being tossed on the road from “a dark Mercedes Benz.”

A Mr Wycliffe Okelo would later drive to Parklands Police Station and identify himself as the owner of the Mercedes Benz, KBM 400H.

He, however, denied any wrongdoing, saying he was driving on the highway when he saw a body and swerved to avoid running over it.

Mr Okelo was the 10th witness to be questioned.

In the meantime, public interest led the probe, initially handled by junior officers at the station, to be taken over by senior detectives at the city’s provincial headquarters and later the CID headquarters.

The detectives traced Mercy’s movements on the tragic day. Her cousin, Ms Kamemba, had called and invited her to the party at about 6.30pm. Ms Kamemba had also been invited by a friend identified only as Jacky.

The cousins met in Hurlingham, boarded a matatu and were in Westlands at 7pm. They were met at a petrol station by Jacky and two men who were strangers to the cousins.

One of the men took the names of the young women, saying, he had to inform the host who was coming.

The man escorted them to the house and left, only to come back with more young women. Mr Kabogo arrived later in the company of a man identified as Joram, according to the police.

There were around 22 people in the house, 10 men and 12 young women aged between 20 and 25.

It’s not yet clear what transpired between 730pm when Mercy and her crew got to the house and midnight when she is reported to have left in a huff.

Initial reports gave conflicting accounts, with one saying she was led out of the compound by Mr Kabogo’s bodyguards, and the other claiming that the security guard escorted her out.

Then as now, the question is: How did Mercy leave the premises? Was she alone? Who accompanied her?

The puzzle could have been solved by the CCTV cameras at the premises, but it soon emerged that they were not working that day. And the guards who were on duty were reportedly transferred a day after the tragedy. Did police follow this lead?

Preliminary findings announced by Police Commissioner Mathew Iteere dismissed the murder theory.

Mr Iteere said: “Well past midnight, Mercy decided to leave and efforts by her cousin to stop her failed. She disappeared towards Waiyaki Way alone.”

It suggested she was knocked down by a vehicle, then ran over by others.

But after this version was dismissed by the family, the probe was expanded to establish if Mercy died before or after being ran over by vehicles.

Re-enacting Mercy’s last moments, the police found out that it all started with an altercation at the party, before Mercy stormed out.

The information is based on witness statements, including that of her cousin, Scolastica (efforts to get her to comment on this story were futile as her whereabouts could not be established).

Police also questioned Mercy’s boyfriend, Kemboi, an employee of the Kenya Revenue Authority, who said they had spent the day together. The lovebirds were planning to wed this month.

The police commissioner said detectives had relied on a postmortem report that showed the body had injuries “consistent with those of a body ran over by a motor vehicle.”

The report drew heavily on a statement by another motorist who said he had seen the woman frantically waving down motorists on the busy road.

“He (witness) was driving to Uthiru to drop a friend and spotted a woman on the other side of the road frantically waving down a car. On coming back, he saw a body at almost the same spot where the lady was,” the police boss said.

“Witnesses at the party said Ms Keino took a lot of wine and whisky, resulting in her shouting at everybody and breaking glasses. Twice she was thrown out of the venue,” Mr Iteere said.

This corroborated Mr Kabogo’s statement that he had a heated exchange with Mercy before his bodyguards intervened and led her away.

The MP denied ever having met the woman before, stating that he only spoke to her when she became drunk and unruly.

Besides the party attendants who were initially interviewed by the police, the DPP directed that the host of the party, a Mr Shah, Ms Keino’s father as well as boyfriend record statements.