A Bondo court, in Siaya County has commenced an inquest into the alleged murder of an inmate Vitalis Okinda at Bondo police station in January 2022.
The inquest led by Resident Magistrate Christabel Maiyo follows directives from the Office of Director Public Prosecution after reports from Independent Police Oversight Authority (IPOA) recommended that Police constable James Ngariba Beneti be charged with murder contrary to section 203 of the penal code as read together with sec 204 of the penal code
The report also recommended that Police constable Winstone Obare Odhiambo and Sergeant Richard Kipsang Langat be charged with the offence of other negligent acts causing harm contrary to section 244 of the penal code.
It further recommended that the then Bondo OCS Chief Inspector Francis Muungani be charged with the offence of being negligent in performing his duties contrary sec 88 of the national police service Act 2011.
Five witnesses who are among the sixteen lined up to testify, took to the dock on the first day of the inquest with the probe expected to run for three consecutive days.
George Odola Atieno who is security guard at Bondo sub county hospital told the court that the late Vitalis Okinda went for COVID jab at the facility and later turned rowdy forcing him to call the police who confiscated Okinda’s motorbike after he resisted arrest.
Angeline Ayoo Ochieng the mother to the deceased narrated how she visited her son in police custody and was asked to pay shs 40,000 by PC Obare to secure the release of her son but after she failed to raise the money she learnt of her son’s demise in the police cells from an inmate who had been released from the cell.
Julius Okinda Tanga the father the Vitalis told the court that he visited his son who was in custody on Sunday 9th January and was assured his that their son would be arraigned in court the next day this did not materialize only to be informed by a friend about his son’s body lying in the morgue.
Elijah Oluoch Otieno who was in police custody when Vitalis Okinda was brought in narrated how a police officer assaulted the deceased using an electric cable as he was being pushed into the cell. He also said that the Okinda was later taken to an adjacent cell where he heard screams and commotions.
Police Constable Irene Chepngeno who was manning the report office on the eventful day when the deceased was brought in, narrated that Vitalis came to the station to demand for his motorbike which had been confiscated the previous day but the OCS gave directives that he be arrested at locked in the cell. Chepngeno stated that Vitalis attacked PC James Ngariba Beneti who retaliated by beating the deceased sustaining serious injuries.
She told the court that she informed the then OCS Mr Muungani four times about the deteriorating condition of Vitalis OKinda but the OCS failed to take action.
Chepngeno further revealed that as OKinda lay unconscious in the cells for about five hours, he was taken to the hospital by a police officer identified as Leonard Omuse where he was pronounced dead on arrival.
Lawyer Felix Okatch who represented the Okinda family said the family was satisfied with IPOA report expressing confidence justice will be served to his client.