A magistrate has recommended that a woman and her two relatives be probed and charged with the murder of her husband in Lodwar in 2019.
Lodwar senior principal magistrate D. Orimba on Tuesday, said Jane Kendi is linked in the death of David Ombongi Mugikoyo who was killed in his car at Gold along the Lodwar-Kakuma road.
Mugikoyo, 33, was an architect with the county government of Turkana.
While delivering the judgement in the death inquest of Mugikoyo, the magistrate said at the time of his death, he was staying with his wife Kendi, sister in-law Purity Mwenda and David Mutuma.
On analysing the evidence adduced before court, the magistrate said he found a lot of gaps, which were not explained in the behaviour and movement of Kendi, Mwenda and Mutuma.
"It is not explained how the three found themselves at the scene of accident hours after it occurred. It is not also explained why they would go looking for the deceased 120kms away at night.
"There was no report of a missing person made by the three. It was too soon to start looking for somebody who had gone to work and was expected back the same day. I find this behaviour not adding up," the magistrate said.
Orimba recommend that the three Kendi, Mwenda and Mutuma be investigated further with a view of preferring a charge against them.
"As provided for under section 387(4) of the criminal procedure code I order that based on the findings on criminal culpability, the ruling together with the opinion of who was responsible for the death of Mugikoyo, be and hereby forwarded to the director of public prosecution for his necessary action," the magistrate ruled.
The court heard that the deceased left his house at around 7.30 am and proceeded to his office. He later left at about 10 am heading to Kakuma for field work and was expected back late in the evening but failed to return.
His lifeless body was later found in his vehicle at the scene of the accident by passers-by at about 11.30 pm.
According to Mwenda's testimony, on June 6, 2019 they woke up as usual and the deceased dropped her and her cousin Mutuma at Kanan before proceeding to Kalobeyai for some work.
They slept at 9 pm, after waiting for the return of the deceased.
Her sister Kendi, the wife to the deceased, had her phone off because of power.
However, the deceased called Mwenda and spoke with the wife before they slept.
At 3 am, the wife, Kendi woke Mwenda up and told her the deceased had not come.
They then proceeded to Kanam where they met mwalimu Mecha a close family friend, who said he had not met the deceased at marble club.
Mwenda had testified that earlier, the deceased had called and said his car had mechanical problems so when he did not come, they drove to Kakuma.
They rung the deceased phone but no one picked the phone.
One Bosibori called Kendi and told her the deceased had been far in Kakuma drinking.
They were later informed of an accident and they drove to the scene at Gold.
En route, they had tyre burst and were given lift by Father Fidelis who took them to the scene.
They found that the deceased’s motor vehicle, a mitsubishi pajero, had rolled and overturned.
They said onlookers rolled it back to position but the deceased was injured.
A witness further admitted that two week’s to the deceased’s death, their father, Ephraim Mwirigi had visited them at Lodwar.
The deceased had invited him due to serious differences between the couple over the paternity of their second child.
The wife however said the deceased rung her at 1 pm and told her he was having car troubles.
He then told her he was with the bank manager and he was paying his bills. Kendi however confirmed to court that Mugikoyo never went home that night.
The wife also confirmed that the deceased rung and talked to their son.
Kendi also told the child to tell the father to drive slowly.
She then told the court that she woke up at 3 am and found the deceased had not come. She tried to call his number but could not go through.
Kendi then left to search for him with her sister Mwenda and cousin Mutuma. She drove towards Gold and got a tyre burst on the way.
They left the vehicle on the way and were taken to the scene by Father Fidelis, where she found her husband dead.
She then rung the deceased’s sister Nancy Kwamboka and broke the news.
The wife says a postmortem confirmed that there was too much alcohol and drugs in his body.
Kendi also said at some point, she had separated from the deceased on account of promiscuity.
(Edited by Bilha Makokha)
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