Magistrate orders for arrest of government pathologist Johansen Oduor

A Kibera court has issued a warrant of arrest against a Government Chief Pathologist Johansen Odour over his failure to avail a postmortem report.
Kibera Principal Magistrate Derrick Kuto issued an immediate warrant of arrest against Odour Wednesday for failing to provide a postmortem report of David Waweru who was killed along James Gichuru road in 2012 by a recklessly driven vehicle when he was cycling his motorcycle.
According to the prosecution, Waweru was killed by Toyota Land Cruiser KBA 111A with the driver, Silvano Mandla Wilhelm, alleged to have been intoxicated at the time of the accident.
In his ruling, Kuto ordered Kabete OCS to immediately arrest Odour for wasting the court’s and complainant’s time as well as ignoring court sessions even after confirming with the investigating officer and prosecution that he was to attend the court session.
“It is clear that Dr Odour is not serious with court sessions. He does not take this matter with the seriousness it deserves and therefore he must be arrested with immediate effect,” the Magistrate ordered.
He ordered the OCS to arrest the pathologist at any place, any function and anywhere because the matter was urgent.
“Odour must be arrested immediately to bring to the court the postmortem report. I order the Kabete OCS to alert his officers and arrest him even now. He has wasted both my time and the complainant’s time too,” he added.
The court documents indicate that Oduor did the postmortem on the deceased on April 15, 2012 at the Lee Funeral home where he found out that the deceased got multiple injuries leading to his demise.
The order came after the complainant lawyer Kingori Kariuki opposed the doctor’s request to have the matter adjourned as the pathologist was committed elsewhere.
He told the Magistrate that the doctor had indicated his commitment to attend the court and as the investigation officer on the matter, he had called and confirmed Oduor’s attendance.
He opposed the State Counsel who said that the doctor was out of the country.
The Magistrate directed the matter be mentioned on April 9.
By Alice Gworo