Court issues warrant of arrest against officer who first probed 2019 Likoni ferry tragedy

A police officer, who was involved in the probe into 2019 Likoni ferry tragedy that killed a 35-year-old mother and her four-year-old daughter, now faces arrest after he failed to honour court summons issued by the Mombasa Chief Magistrate Alex Ithuku, who is hearing an inquest into the incident.

Ithuku ordered Corporal Moses Mahiuha’s arrest, citing his failure to appear and explain why he returned the CCTV footage to Kenya Ferry Services (KFS) without a chain of custody.

He stated that the investigations officer ought to comply with the court summons, adding that no reasons have been provided to explain his inability to appear before him.

The order by Ithuku came following an application by Principal Prosecution Counsel Alex Ndiema after Likoni Directorate of Criminal Investigations Officer (DCIO) Chief Inspector Ruben Lwambi testified.

Kenya Ports Authority and KFS lawyer Michael Sangoro supported the prosecution’s application, with KFS also requesting Mahiuha be compelled to file an affidavit detailing the footage’s handover.

Sangoro stated that the affidavit should explain whether there was tampering with evidence.

Lwambi testified that the footage submitted was incomplete and noted that the full footage—divided into three parts and showing the vehicle’s plunge into the ocean—remains in KFS’ custody.

The DCIO stated that Mahiuha was supposed to be the custodian of the CCTV footage, and his decision to return it to KFS was unlawful.

He further testified that it is not for the investigation officer to produce incomplete CCTV footage in court, which he said amounts to an obstruction of justice.

He confirmed viewing the complete version showing the entire sequence of the tragic incident and offered to produce it in court during the hearing of the inquest.

Ithuku further discharged KFS Managing Director Bakari Ngowa, who appeared in court, from attending further sessions, noting that the DCIO testimony discharged him from the court attendance.

The court emphasised the need for strict observance of evidence handling protocols.

Mahiuha, the initial investigating officer tasked to unravel the tragedy that claimed the lives of Mariam Kighenda and her daughter, Amanda Mutheu.

He had been summoned to appear together with the ferry officials this week to explain why the CCTV footage was incomplete.

The footage was deemed incomplete as it failed to show the full sequence of events leading up to the tragedy.

The footage reportedly captures the tragic moment of that fateful incident, when a vehicle slipped off the ferry ramp and into the sea, claiming the two lives.

During the inquest, Ithuku was told that the CCTV clip presented failed to show the full sequence of events leading to the plunge.

The current investigation officer, Bob Otieno, presented a short video showing the car plunging into the Likoni crossing channel while aboard one of the ferries.

However, Otieno was stood down since footage only showed a partial sequence that led to the tragedy.

The magistrate raised concern over the legality of how the footage was handled and the gaps it contained, casting doubt on the integrity of the investigation by Mahiuha.