An old picture of Austin Odhiambo. He reportedly died as he tried to get answers following the seizure of his father’s cattle to settle a Sh4,000 loan.
The pain in the eyes of his three children and parents is there for all to see. It is the manner of his death with the involvement of police over a loan he knew nothing about that makes it even more painful.
The family of Austine Odhiambo, who reportedly died as he tried to get answers following the seizure of his father’s cattle to settle a Sh4,000 loan said to have been taken by his estranged wife, sat pensively outside Ukwala Hospital mortuary, Siaya County. Tears slowly flowed down his mother Roseline Awino’s cheeks.
At the time of the auction execution, there was a dispute about the exact amount taken by the woman – who no longer lives in the home – but had incredibly ballooned to more than Sh60,000, including interest and auction firm charges.
Odhiambo’s father, Boniface Opondo, who believes his son was murdered in cold blood, watched in disbelief as a pathologist examined the body and made a report.
The family of the late Austin Odhiambo gathered during the postmortem at Ukwala Sub-County Hospital in Siaya on January 4, 2024.
Mr Opondo says his son could still be alive had police not taken his phone when Rhemat Auctioneers agents arrived at their Uhumwa village home in West Ugenya location on December 28, 2023.
Odhiambo was crushed to death by a vehicle attached to Ukwala police station after an officer on the passenger seat reportedly grabbed his hand and pushed him.
The incident is being looked into by the Independent Policing Oversight Authority (Ipoa) and the Directorate of Criminal Investigations (DCI).
Mr Maurice Owino says his brother was pleading for his phone that had been taken by a policeman. Witnesses say the officer grabbed Odhiambo’s hand as the vehicle was moving. He was run over by the vehicle after falling.
Police officers from Ukwala station had accompanied the auctioneers to take the animals. The loan was reportedly taken by Odhiambo’s wife from First Community Sacco. Relatives and friends say Odhiambo knew nothing about the loan, the interest and the auctioneer’s charges.
Mr Opondo tells the Sunday Nation that Bungoma-based Rhemat Auctioneers’ agents raided his home in company of policemen and hired goons. They then proceeded to the barn and began loading cows on a vehicle. Two of the animals were almost calving, he said.
As Odhiambo protested, the auctioneers flashed a court order allowing them to attach the cattle over the amount taken by his daughter-in-law “who left my home more than three years ago”.
First Community Sacco management told the Sunday Nation that the loan was taken in March last year, with the woman putting her father-in-law’s animals and household items as collateral.
Mr Opondo says the order shown by the auctioneers did not indicate the case number or the court it came from. He adds that First Community Savings and Credit Cooperative Society was demanding Sh13,800.
He says the woman was once married to his son and that it took everyone by surprise when it was discovered that she had used his property as security.
Mr Owino says as the auctioneers were loading the animals on a mini-truck, Odhiambo began recording everything on his cellphone. A police officer then reportedly punched him in the face and took the handset.
He says when Odhiambo insisted on having his phone back, the officer threatened to shoot him.
“As the policemen and the auctioneers were leaving, Odhiambo pursued the vehicle while pleading for the release of his phone. The officer on the passenger seat of the vehicle grabbed his hand, dragging him on the ground. He was run over after being pushed and falling,” he said.
According to Mr Owino, the vehicle sped off as the family, neighbours, friends and passers-by and onlookers screamed to alert the police of the incident.
“We quickly took a motorbike and rushed my brother to hospital where he was pronounced dead on arrival,” he said.
First Community Savings and Credit Co-operative Society offices in Luhano in Siaya on January 4, 2024.
Ipoa chairperson, Anne Makori, says the authority commenced investigations into the death on December 30, 2023 after reports of police involvement emerged.
“The investigation is active. The authority is in the process of recording accounts of the police officers and the public. As part of the investigations, the authority attended the post-mortem of the body,” Ms Makori told the Sunday Nation.
“These technical processes aim to consolidate evidentiary findings which will facilitate the determination of the cause of death, the perpetrator and the next course of action.”
She added that action would be taken, based on the investigations.
“If police involvement is established, the authority will make remedial recommendations to the necessary agencies, including the Office of the Director of Public Prosecutions and the National Police Service,” she said.
The report by the pathologist shows that Odhiambo died due to “internal bleeding secondary to blunt force trauma following road traffic accident”.
The examination conducted by government pathologist, Dixon Mchana, appears to corroborate witness statements.
“I examined the deceased person...on the invitation by Ipoa and the DCI. We have conducted an open autopsy. He died of injuries associated with motions so most likely a road accident,” Dr Mchana’s report says, adding that the chest and abdomen were the most affected.
First community Savings and Credit Cooperative Society Manager, Michael Owino, says the sacco had written several reminders that were ignored.
“In November, we wrote to the family giving it 14 days to settle the loan. On December 4, we proceeded with a proclamation before the auctioneers did the execution on December 28, 2023,” Mr Owino said at the society’s offices in Ukwala.
He was in the company of the executive team, including Mr Fredrick Onyango, Mr John Onyango, Mr Martin Juma and Mr Vincent Ouma.
He says the sacco is not unfairly seeking huge sums from the Opondo family.
“From our loan of Sh14,000, the interest was Sh3,500. Other charges are for the auctioneers,” Mr Owino said.
The figure of Sh14,000 provided by the sacco is far higher than the Sh4,000 the family says it was told was taken by the woman.
“We have not received any payment from the auctioneer as everyone has just come from festive season. We hope to get a report soon. The sacco will only take what it is owed. The rest of the money will carter for the auctioneer’s charges,” he said.
Mr Walter Muyodi, a director at Rehmat Auctioneers, says despite the woman taking “a loan of Sh13,800, our fees total to Sh43,257 as per the law”.
“The amount is calculated according to the Auctioneers Act. We also included transport fees from Bungoma to Siaya. The high cost of fuel and hiring a lorry make everything expensive,” he said.
Mr Muyodi, who claims to have studied law, said his company had to pay officers at Ukwala police station to help in the execution of the attachment.
“According to auctioneers’ rules, in an event an auctioneer feels intimidated by the public or family at the time of the execution, he will go to court under certificate of urgency to compel nearby police station to offer assistance,” he said, without providing the necessary documents when asked.
Mr Muyodi denies having a hand in Odhiambo’s death “as it happened long after we had taken the animals and left”.
Mr Opondo accuses Ukwala police officers of killing his son.
“Instead of coming to the aid of the family and admitting they were on the wrong, they are covering up the matter,” he said.
Family lawyer, Enock Otieno, says Ukwala police officers were on the wrong in helping “an illegal attachment of property”.
“The animals do not even belong to the person who supposedly took the loan. The court order was not proper,” he said.
Mr Otieno says the Opondo family had a valid court order stopping the attachment of its property, which had been served to police.
“Ukwala police deliberately chose to ignore the order and went ahead to enforce a non-existent directive,” he said.
The lawyer says the family wants to be told why the auctioneer sought the service of Ukwala police and ignored Ratado police station, a kilometre away from the home.
He urges the Inspector-General of Police, Ipoa and other relevant agencies to establish the interest of the officers from Ukwala and Ugenya police bosses in the matter.
Siaya County Police commander, Cleti Kemboi Kimaiyo, says there are conflicting reports on what led to Odhiambo’s death.
“According to Ukwala police station, he attempted to jump on the vehicle but fell,” Mr Kimaiyo said, adding that the County DCI boss has been ordered to take over the matter from Ukwala police station.
Ugenya DCI boss, David Wanjama, says 16 individuals have recorded statements regarding Odhiambo’s death, including the pathologist and a motor vehicle expert.
West Ugenya Ward Representative, Oduor Odongo, says he does not understand why Ukwala police officers chose to keep their counterparts, whose jurisdiction covers Uhumwa village, in the dark over the issue.
