By Michael Kioko, Advocate of the High Court – Mombasa
This is an update on the above-matter.
This matter came up for further hearing on 5th May, 2023 before Hon. Justice Ong’injo, Court No. 1 Mombasa. Our Mr. Maundu Advocate was watching brief. The prosecution called 3 more witnesses who testified. These were witnesses who were first on the scene and who reported the discovery of the murder to the police. They were the caretaker, the late Joash’s immediate neighbour and the landlord, all of the house lastly occupied by the late.
The matter was adjourned for further hearing on 26th and 27th September, 2023.
The matter will not proceed on 7th June, 2023 as earlier scheduled as the Hon. Judge will be attending a Judges’ Retreat.
We are still concerned about the lack of investigations in this case by the police which we believe led to the culprits of this vile crime going scot-free and the wrong person being arraigned for the murder. We also believe that the evidence being presented may not lead to a conviction.
You will also recall that PEMA Kenya, HAPA Kenya and the Centre For Minority Rights and Strategic litigation visited the Mwatamaba-Kadzandani Police Station with these concerns but no further action to revive the investigation was taken.
We have written to the Director of Public Prosecutions, Coast and Nairobi a total of 4 times without any response. We will continue doing this hoping for a response.
We request that you add your voice as well as get more allies to call upon the Office of the Director of Public Prosecutions to order fresh comprehensive investigations into the murder of Joash so that the right culprits are arrested, arraigned and convicted.
We will propose an online petition supported by all of us as well as visit to the ODPP to try and push them to attend to this matter. We will also be happy to hear of any other strategy that you think might work.