A police officer is facing legal trouble after failing to appear in court regarding the mishandling of critical CCTV footage in the investigation of the 2019 Likoni ferry tragedy. A warrant of arrest was officially issued against the officer after he ignored court summons to testify on Thursday, July 24.
Authorities say the footage in question could hold crucial evidence in the case, which tragically claimed the lives of 35-year-old Mariam Kigenda and her four-year-old daughter, Amanda Mutheu, when their car plunged into the ocean.
The ongoing inquest has been clouded by controversy, especially over how the CCTV recordings were managed. This has complicated efforts to uncover what really happened during the incident, delaying justice for the victims and their family.
Chief Magistrate Alex Ithuku issued the arrest order, emphasizing the officer’s critical role in the investigation and expressing concern over his lack of cooperation.
Reports indicate that instead of preserving the CCTV footage for investigation, the officer returned it to Kenya Ferry Services (KFS) without following the legally required chain of custody. This move has raised serious questions about possible tampering or alteration of the evidence.
Prosecutors from the Office of the Director of Public Prosecutions (ODPP) pointed out that the footage submitted to court was incomplete and fragmented—failing to fully show how the vehicle ended up in the ocean.
One of the lead investigators, a Chief Inspector, testified that the full footage was originally divided into three separate segments, all of which were supposed to be secured by KFS. However, due to mishandling, only partial content made its way to the court.
This incomplete footage was criticized by prosecutors as an obstacle to uncovering the truth, with some calling it an outright obstruction of justice.
Further testimony from a DCI officer revealed that the police officer entrusted with the footage had a clear duty to ensure the original, unedited footage remained intact for investigative use.
However, by returning it to KFS prematurely and without proper documentation, he violated standard procedures and potentially jeopardized the entire case.
Both Kenya Ferry Services (KFS) and the Kenya Ports Authority (KPA) have backed the prosecution’s efforts to hold the officer accountable. They urged the court to compel him to submit a detailed affidavit outlining the exact process of handing over the footage.
They also want him to reveal whether any alterations or tampering occurred during or after the footage changed hands.
This latest development comes just a week after the court summoned several high-ranking officials—including the KFS Managing Director, the head of DCI in Likoni Sub-county, and a senior investigating officer—to appear in court on the same date.
Adding to the mounting pressure, fresh admissions from KFS officials in 2022 revealed that the ferry involved in the tragedy was faulty.
A KFS engineer testified in Mombasa Chief Magistrate Martha Mutuku’s court that the vessel had a defective prow, which failed to maintain adequate buoyancy—a mechanical failure that likely contributed to the tragic accident.
As the case continues, the focus now shifts to ensuring accountability from those tasked with protecting and presenting vital evidence, so the victims’ family can finally receive the justice they deserve.
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