Keroche heiress death inquest to be heard in Nairobi, court rules
A Nairobi court yesterday ruled that the inquest into the death of Keroche Breweries heiress Tecra Muigai be heard at Milimani Law Courts in Nairobi and not in Lamu.
In her ruling, Senior Principal Magistrate Zainab Abdul said the Milimani Law Courts has proper jurisdiction to hear the inquest and dismissed the DPP’s application to have it moved to Lamu.
“Having considered all the submissions before this court I find that the proper jurisdiction to hear the inquest is the Milimani Law Court,” she ruled.
The magistrate noted that the deceased died in Nairobi after sustaining injuries in Lamu county adding that the court has a responsibility to have witnesses tell what transpired.
“Section 386 of the Criminal Procedure Code is what guides the institution of the inquest.
It also states the circumstances of death and the role of the police who are mandated to inform the nearest magistrate,” said Abdul.
The prosecution has lined up 25 witnesses. The magistrate directed that the hearing of the inquest commence on February 24.
In a letter to the Chief magistrate court in August this year, the DPP pressed for the inquest to be conducted in Lamu on grounds that all key witnesses are based there.
However, Keroche CEO Tabitha Karanja opposed the application and alleged that DPP Noordin Haji was under pressure from a third party not to prosecute those responsible for her daughter’s death.
In an affidavit which was initially objected to by the State on claims that it was not properly filed, Karanja said her family believed that the DPP was responding to instructions or pressure from elsewhere.