The Director of Public Prosecution (DPP), Mr Keriako Tobiko, has 18 months to unravel the mystery surrounding the killing of university don Dr Chrispine Odhiambo-Mbai, and the subsequent cover-up in the investigation. Read (Probe these people, says TJRC)
That’s the recommendation of the Truth, Justice and Reconciliation Commission (TJRC) which in its report insists that Former Kamkunji MP Norman Nyaga should be investigated because “there’s sufficient evidence to link” him to the lecturer’s murder.
Though the Truth commission has concluded that Dr Mbai was killed because of his political views about devolution, it has ordered the DPP to investigate and report on the “circumstances, motives, and those responsible for the assassination and subsequent cover up”. The DPP’s report will have to be made public.
Dr Mbai is often cited as the brain behind the push for devolution, because, at the time of his death he was the chairman of the Devolution Committee at the National Constitutional Conference.
That attempt at revising the Constitution failed when the country rejected the draft at the referendum in 2005.
The 47 county governments--were subsequently introduced in the Constitution after a second attempt was launched in 2008 and a fresh Constitution promulgated on August 27, 2010.
There have been fervent public appeals to have those behind the murder prosecuted and jailed, but the State has been prevaricating whenever the matter is raised.
The Truth commission has blamed the whole system for the failure and has concluded that the “the State is either unable or unwilling to engage in a process that would shed light on the death of Dr Mbai”.
The report quotes a witness who explained to the commission the details about how the hitmen were hired, and how they colluded with Dr Mbai’s watchman to gain entry into his house and kill him.
“They found him in the sitting room. He was sitting alone in his living room and when he saw them coming, he greeted them and said, “Can I help you?” One of them said that they had been sent and then he pulled out a gun. Dr Mbai then jumped up to try to fight them off and threw a stool at them. A scuffle ensued and the three of them managed to shoot him and then they left,” the TJRC report, released last week notes.
The hitmen had taken a matatu from Kawangware to Dr Mbai’s home in Adams Arcade. And they used the same matatu to go back to Kawangware.
“At Adams Arcade, those people showed us where they sat and the watchman, who was the first suspect, showed us where they sat. He directed us to the house of the late. On reaching the house of the late, that is the time, I knew that those were the real killers of the late Crispin Odhiambo Mbai. They showed us how they operated from the house,” the witness, presumably a police officer, told the TJRC.
“On reaching the house of the late … I was so much puzzled when they told us how they acted when they entered the house of the late that afternoon. We told them: “Please, just do what you did.” They demonstrated exactly what they did. That day, I concluded in my heart and said that those were the real persons who killed the late.”
Moses Gitogo Mbuthi, Collins Ketore Kilel, alias Supa and Ramadhan Karume were charged with the murder.
Raphael Kapatasi alias Martin Chakava alias Gabo was also implicated while on the run. The motives for the murder never came to light.