A warrant of arrest has been issued against a police officer in the ongoing inquest into the 2019 Likoni ferry tragedy.
The officer was expected to appear in court on Thursday, July 24, to explain the alleged mishandling of crucial CCTV footage, which prosecutors believe holds key evidence in the case that claimed the lives of Mariam Kigenda, 35, and her four-year-old daughter, Amanda Mutheu.
The inquest has been marred by controversy over how the CCTV footage was handled, further complicating efforts to establish the truth behind the tragic incident.
Following the officer’s failure to honour court summons, Chief Magistrate Alex Ithuku issued the warrant, noting that the officer is a key person of interest in the matter.
The officer in question reportedly returned the CCTV footage to Kenya Ferry Services (KFS) without following the required chain of custody procedures, raising concerns about possible evidence tampering.
According to the Office of the Director of Public Prosecutions (ODPP), the footage presented in court was fragmented and failed to capture the full sequence of events that led to the vehicle’s fatal plunge into the ocean.
A Chief Inspector testified that the complete footage, divided into three segments, remained in the custody of KFS.
Due to the footage being incomplete, prosecutors described the material submitted to court as a hindrance to the investigation and an obstruction of justice.
A DCI officer also testified that the officer responsible for the footage's custody was initially expected to ensure that the full, unedited version was retained for investigations, but failed to do so. His decision to return the footage to KFS was deemed unlawful and contrary to protocols.
KFS, alongside the Kenya Ports Authority (KPA), supported the prosecution's request for further action, as they urged the court to compel the officer to provide an affidavit which detailed the handover of the footage.
The two agencies also requested the court to compel the officer to reveal whether any tampering was involved somewhere along the handover to KFS.
A week earlier, Chief Magistrate Ithuku had directed the Kenya Ferry Services(KFS) boss, the Likoni Sub-county Directorate of Criminal Investigations (DCI) head, and a senior investigating officer to appear in court on July 24.
In the years since the tragedy, fresh evidence has emerged, with two officials from the KFS admitting in 2022 that the ferry that claimed the lives of Kigenda and her daughter was faulty.
An engineer with KFS told Mombasa Chief Magistrate Martha Mutuku in 2022 that all blame fell on the faulty prow that failed to provide sufficient buoyancy for the ferry.
