The swimming pool attendant of Visa Oshwal Primary School in Nairobi Geoffrey Juma Opala will remain in custody for seven days after the court granted orders to hold him.
Clare Wafula a police officer and investigator attached at DCI Parklands police station pleaded with the court to grant orders to hold the suspect who was the swimming pool attendant in the said school situated in Parklands area within Nairobi county where a grade two pupil drowned in a swimming pool within the school.
The officer told the court that she wanted to hold Juma for suspicion that he committed an offence of neglect of official duty contrary to section 128 read together with section 36 of the penal code.
The respondent was arrested on February 22, 2024, for the suspicion of having committed the said offence leading to the death of 11 years pupil Abdikarim Ali on February 20, 2024, at 1530 hours while the respondent was on duty at the said Visa Oshwal primary school swimming pool.
The suspect was on duty when the CCTV footage captured the deceased walking towards the swimming pool passing him where later the body was discovered in the swimming pool.
It was his duty to ensure that all authorized persons were allowed to access the swimming pool under his guidance.
Juma intentionally neglected his duty to prevent the deceased who was captured on CCTV footage passed him walking towards the swimming pool.
When it was established that the deceased was missing he refused to disclose to the school management and parents that he had walked passed him towards the swimming pool.
After being pressed by the members of the family to state where the deceased was, Juma denied having seen him and later on, he alleged to have searched the swimming pool he discovered the body in the absence of family members and the school staff.
Preliminary Investigation shows that the deceased died of drowning which is yet discovered whether it was caused by somebody or accidentally.
Juma has been interrogated and has refused to disclose his place of abode and releasing him at this point it will be very hard to trace him if the investigation might lead to his prosecution.
The officer also said they fear the suspect might interfere with witnesses who are yet to be traced and who are his workmates.
He further stated that the suspect’s life would be in danger if released because the public is furious against him for the alleged offence.
In his brief ruling, the presiding magistrate Geoffrey Onsarigo said the matter is of public interest and needs thorough Investigation,
“This matter is of public interest and thorough Investigation need to be conducted to determine whether the suspect was involved,” said the magistrate.
He granted orders for the suspect to be held at Parklands police station until March 1, 2024, when the suspect will be availed in court for further directions.