Inquest Hears Police Testimony on Reveler’s Fatal Fall During Nairobi COVID-19 Club Raid

The inquest to determine the cause of death of a reveler from a club in Nairobi CBD proceeded with a Senior Sergeant of police giving his testimony on the incident.

Testifying before Milimani Principal Magistrate Eric Otieno Wambo, Senior Sergeant James King’ara, attached to Parklands Police Station, narrated the ordeal of what happened on the fateful day.

He told the court that they were on patrol in the Nairobi CBD on December 11, 2020, during the Covid-19 pandemic, when the incident occurred at a club along Duruma Road, off River Road in the city center.

The officer said they heard noise and music playing from a nearby building and went to investigate. Upon reaching the first floor of the building, they found revelers enjoying their drinks in a bar, violating the government’s rules and regulations aimed at curbing COVID-19.

“When the revelers saw police, they started to run helter-skelter, some jumping down from the first floor while others hid in different places within the club,” King’ara said.

They managed to arrest 33 of them, who were booked at the Central Police Station and Kamukunji Police Station. When they were leaving, they saw members of the public crowded in front of the building, and after reaching out, they found a man lying on the ground unconscious, with a head injury.

“The man was unconscious with blood on his head. I called the driver of the vehicle we were driving in and ordered him to take the deceased to the hospital,” he said.

The deceased was taken to Kenyatta National Hospital, where he succumbed after three days.

According to the officer, the deceased, Antony Marenya, was among those who tried to flee by jumping from the balcony but fatally fell.

While examined by the family lawyer John Maina Ndegwa, the officer admitted he did not see Marenya Jumping from the building but relied on what they were told by those found surrounding the victim.

“Did you see the victim jumping from the balcony, nor did any of the four officers who were left out see him jumping?” The lawyer asked. No, I was told by an onlooker, the officer answered.

The officer also admitted that he did not arrest the owner of the bar or the manager who was operating the bar against the government’s directives.

However, after the DPP reviewed the file forwarded to their office from the DCI, they addressed the court through a letter, highlighting critical areas that remained unaddressed and wanted to be included to ensure a thorough and just investigation.

Firstly, they recommended using the call data from the victim’s mobile phone and the geographical data from December 1 to 17, 2020, when his mobile phone was active.

The ODPP also recommended the statements from the officers who transported the deceased from the scene and OB entry statements 101/12/2020 that were recorded by Police Constable Teresiah Mwihaki, medical reports, and statements from doctors who attended the deceased.

They further recommended reviewing the OB records from Central and Kamukunji Police Stations, which were recorded on December 11, 2020, as well as the deployment records for the same date regarding the COVID-19 operation.