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Autopsy report reveals the cause of De’Mathew’s death



The late John Mwangi Ng’ang’a alias John De’Mathew died after his ribs were fractured and his liver and pancreas damaged, an autopsy report has revealed.

The chairperson of the burial committee, Mr Muheria Kariuki, said the postmortem, which was conducted on Tuesday, revealed that the ribs of the late Benga maestro were severally damaged after the freak accident after his car hit a moving track at Blue Post in Thika.


“The autopsy report has revealed that the internal organs – that is the lungs and pancreas – were severely damaged after all the eight ribs were fractured affecting the internal organs,” Mr Muheria told the Nation.

“As a result of my examination, I formed the opinion that the cause of the death was due to chest and abdominal injuries due to blunt force trauma consistent with road traffic accident,” the report signed by pathologist Dorothy Njeru reads in part.

Muheria also announced that burial preparations of the late musician have began with meetings being held at Blue Springs, Metro Club Thika.

Mourners are also meeting at the musician’s two homes in Githingiri estate, where his first wife Sarafina Mwangi lives, and in Mukurwe home where his second wife Caroline Waithira lives.

READ ALSO:   DeMathew was left to die by passerby motorists, says witness

Mr Muheria told the Nation that the deceased will be buried on Saturday at Mukurwe village with national leaders, including President Uhuru Kenyatta, expected to attend.


“The burial ceremony of the late musician will be held on Saturday where President Kenyatta is expected to attend,” Muheria said.

The deceased has been mourned by leaders, including President Kenyatta, Deputy President William Ruto, ODM leader Raila Odinga and Governor Mwangi Wa Iria, as a man who used his talents to advise people on social-economic issues as well as entertaining them.

During his lifetime, many politicians used De’Mathew’s influence and popularity by hiring him to compose songs praising them with a view of swaying the voters.

De’Mathew played a key role in President Kenyatta’s re-election campaign after the annulment of the Presidential Elections of August 8, 2017 by the Supreme Court.


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I will wrest Senate seat from ‘inept’ Murkomen, Kimaiyo says



Former Inspector-General of Police David Kimaiyo has promised to dislodge Senate Majority Leader Kipchumba Murkomen from the Elgeyo-Marakwet seat in the next elections.

Dr Kimaiyo said that the senator has failed to articulate issues affecting residents and only focuses on Tangatanga politics.

In an exclusive interview with the Nation, Dr Kimaiyo said he lost unfairly to Mr Murkomen in 2017 but that he has learnt his lesson and will ensure his votes are better protected in the next polls.

The former police IG, who is focusing on his real estate business and farming after his term as chairman of the Kenyatta National Hospital Board ended three months ago, said he has not given up on his ambition to represent Elgeyo-Marakwet residents in the Senate.

“God willing, I will vie again for the Senate seat in 2022. I am still ready to serve my people. I know their challenges and will be more than ready to provide solutions. This time round I will take it, just know that,” a confident Dr Kimaiyo said.

Before the KNH post, which he served for only one year, he had been the chairman of the Kenya Airports Authority, from where he was allegedly kicked out after discord in the agency.

READ ALSO:   Overnight ‘Mugithi’ planned ahead of De’Mathew’s burial on Saturday

In 2017, Dr Kimaiyo received 22,000 votes against Mr Murkomen’s 117,000.

Promising to wrest the seat from Mr Murkomen, who is a close ally of Deputy President William Ruto, Dr Kimaiyo said the senator has engaged in petty politics instead of using his position to fight for more resources for the county.

“Murkomen is almost the age of my son. I think he is just 10 years older than my firstborn. He is among the youngest leaders we have. He started well,” Dr Kimaiyo said.

“During his first term he focused on issues affecting residents. But he has deviated from the role the people of Elgeyo-Marakwet gave him.”

He said that if given the opportunity, he will focus on eradicating endemic poverty and youth unemployment in the county.

“When you get such a privilege to serve the people you should leave petty politics to other people. Your county must be the priority, other things should come after that,” he said.

Dr Kimaiyo said anyone occupying an elective post should first serve those who have elected him or her.

He said if elected, he will focus on finding a long-term solution to insecurity in the Kerio Valley, especially on the volatile Pokot-Marakwet border, which he said was peaceful during his two-year tenure as police IG between 2012 and 2014.

READ ALSO:   DeMathew’s friends narrate how Sabina Chege "left him for Pastor Ng’ang’a"

Dr Kimaiyo said he will still vie on a Kanu party ticket as he did in the last elections, insisting that it is the only party that can give him a fair chance at the ballot.

He said he has become a life member of the independence party.

He said he is interested in the Senate seat and does not want to be a governor. Incumbent Governor Alex Tolgos will be completing his two terms in 2022.

“I do not want to be confined within the county. A national figure like me ought not to be operating within the county. As senator, I will do much more than as governor. When you are operating at the national level you can easily influence the distribution of more resources to the county. I want to be in the Senate,” he said.

On Monday, Senator Murkomen dismissed Dr Kimaiyo’s accusations, saying he the former police boss does not deserve his attention.

He said nobody knows his 2022 plans.

“How does he (Kimaiyo) know my plans for 2022? I have no time for such type of politics and he doesn’t deserve my attention,” Mr Murkomen said.

Mr Kimaiyo also delved into his 2014 resignation as the police IG in the wake of several Al-Shabaab attacks in the country, saying he had done the best for the country but decided to leave voluntarily to allow someone else to take over.

READ ALSO:   DeMathew was left to die by passerby motorists, says witness

He was replaced by Mr Joseph Boinnet, who was later replaced by Mr Hillary Mutyambai.

“Contrary to claims that I was pushed out, I decided to leave on my own volition. I could have chosen to stay and wait for the President to appoint a tribunal to investigate me as the law required then, but I did not,” he said.


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Man kills friend in row over termites



A sombre mood has engulfed Kamatungu estate on the suburbs of Marimanti town in Tharaka-Nithi County after a man allegedly stabbed and killed his friend following a scuffle over a meal of termites.

Mr Daniel Mutiria Cece, 36, who worked at a welding shop in Marimanti town, was allegedly stabbed four times in the stomach and chest by his friend, Muriungi Kiyogere, 35, Sunday night at around 11pm.

Confirming the incident, Tharaka South Police Commander Kiprop Rutto said after the stabbing, the suspect escaped from irate residents who were baying for his blood and ran to Marimanti Police Station.

“The suspect escaped the wrath of the villagers and surrendered at the station where he confessed to stabbing the deceased,” said Mr Rutto.

The suspect was immediately locked up and police officers rushed to the scene where they found Mt Cece’s lifeless body lying in a pool of blood and took it to the Chuka County Referral Hospital mortuary.

Mr Rutto said that according to initial investigations, a disagreement ensued after the victim found the suspect picking termites outside his house and demanded that he surrenders them, claiming that they belonged to him.

He said after a fist fight, the suspect ran to his house and returned with a knife with which he stabbed the victim four times.

READ ALSO:   Overnight ‘Mugithi’ planned ahead of De’Mathew’s burial on Saturday

The man died on the spot.

“We are looking forward at arraigning the suspect in Marimanti tomorrow on murder charge,” he said.

According to eye witnesses, the two were long-time friends and had spent the Mashujaa Day drinking liquor together.

“We are shocked by this incident because we have never witnessed such animosity in this area before,” said Mr Jane Muthoni, a resident.

She said many residents peacefully pick termites for a meal during rainy seasons and they have never witnessed any such disagreement because the insects are wild and they do not belong to anybody.

Njuri Ncheke elder Jacob M’Chabari said it is taboo among the Ameru people for circumcised men to eat termites, adding that and was a big shame for a man to kill another because of the insects.

He said only children and women are allowed to eat the termites.

A glass of termites is sold for Sh100 in local supermarkets or on the streets.

They are a sweet delicacy especially when served with ugali.


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How the rich beat justice



The arrest and arraignment of high-profile individuals over graft-related charges has often been marked with extensive publicity and fanfare, raising hopes among Kenyans that a lot of effort is being exerted to fight corruption.

Their lawyers will spend considerable effort using their best legal arguments to ensure their clients are released on bail.

After securing freedom, little comes out of the cases, as either they drag on forever, are terminated prematurely, or an acquittal is pronounced by the court “for lack of sufficient evidence”.

Prosecutors’ inability to secure timely convictions, or any at all, has mainly been blamed for the way most corruption cases are being handled, especially by investigators, police and prosecutors.

Some of the challenges range from lack of thorough investigations and overcrowded charge sheets to non-credible witnesses, and failure to comply with the law of evidence.

Law Society of Kenya President Allen Gichuhi says one of the persistent complaints is that where, say, five accused persons are charged with too many counts and prosecutors also line up too many witnesses, such a case ends up being convoluted.

“Some of the suggestions that have been made is the prosecution should sieve and identify the counts they are very confident they have all the evidence and can be concluded faster, then leave out the counts that are shaky, because at the end of the day, what matters is a conviction,” Mr Gichuhi.

READ ALSO:   The last words of John DeMathew

The Director of Public Prosecutions (DPP) has also saddled the criminal registry with many accused persons who arguably ought to have been dealt with separately.

Lawyer Nelson Havi says the trial ends up with a scenario where there are more than 10 accused persons with one charge sheet and about 30 witnesses.

“It is improbable that such a case can be determined within a year,” he says.

Lawyer Harun Ndubi adds that when the DPP opts to charge everybody, two challenges arise. First, there will be no witness.

Secondly, if more than 10 accused persons are brought together in one charge sheet and each is entitled to a lawyer of their choice, there will be too many lawyers seeking to address the court.

It gets complicated managing those lawyers in terms of their submissions, particularly if some of the accused persons have hired the services of more than one lawyer and each wants to cross-examine witnesses and address the court.

“So you find that you have a logistical difficulty because even getting a date that is convenient to all those lawyers is very difficult. That is why some of those cases have been allocated dates of next year. Because lawyers’ diaries are already clogged for this year,” he says.

Equally, it does not make prudent use of the criminal justice system to have 10 lawyers against one prosecutor.

However prepared, such a prosecutor may be outmanned. Many of the people who appear as accused are actually witnesses, and the DPP should target the suspect that bears the highest responsibility for a suspected offence with the others engaged as witnesses.

READ ALSO:   DeMathew’s friends narrate how Sabina Chege "left him for Pastor Ng’ang’a"

“There are people who may have played a role but they are very resourceful; they have the information. They should be made state witnesses,” says lawyer Okweh Achiando.

In cases where all the people involved were charged, the State has often called witnesses from related departments but who were not directly involved in the matter and may not be very helpful to the case.

A senior DPP counsel, who shared the prosecution’s perspective on the matter on condition of anonymity, says they are left with no option but to bring many witnesses because they are required under the law to prove the obvious, even matters that are not contested.

“The law requires that we call witnesses to state even that which is not in dispute. This is the reason why we have so many witnesses, and you can see that takes a lot of time,” the DPP counsel said.

Further, looking at those charged with graft, if it is a company, it often comes out that all the accused had a role to play, and proving the charge of conspiracy will only require that all those involved be charged.

“We have been struggling with the issue, whether to prefer charges only to the main players in the offence. However, you find that each had a role to play and they all need to be charged so that we can demonstrate the chain leading to the offence,” the DPP counsel said.

READ ALSO:   Overnight ‘Mugithi’ planned ahead of De’Mathew’s burial on Saturday

Ever since the corruption division was created, many cases have been brought to court. DPP Noordin Haji has been particular that no one will be spared.

But his efforts are being constrained by the lack of capacity in terms of personnel and time to prepare.

There are approximately 900 State prosecutors against an ever-increasing number of corruption cases and others pending in court.

“Many of these white-collar crimes have very voluminous documents and need thorough review of the documentation for purposes of prosecution. This seldom happens, and often the prosecution ends up adding additional information as they go on with the trial. So they end up prosecuting a case piecemeal,” lawyer Havi said.

The law that clearly stipulates the rights enjoyed by all accused persons has also constrained the DPP’s free will in managing some of the suspects who bear the greatest responsibility, such as having them denied bail to deter others from engaging in graft.

This, in addition to the presumption of innocence until proven guilty, has seen courts release suspects on bail irrespective of the nature of the economic crime committed.


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