LAW SOCIETY OF KENYA SEEKS ANSWERS ON NANDI MINING SHAFT BLAST

 LAW SOCIETY OF KENYA  SEEKS ANSWERS ON NANDI MINING SHAFT BLAST 

The Law Society of Kenya and the Kenya Human Rights Commission (KHRC) are deeply concerned by the recent events surrounding the investigations into the deadly blast that occurred in the Karebe Gold mining shafts at around 1615hrs in Kibisem location in Tinderet, Sub- County, Nandi County.

On January 23, 2023. As a result of the blast, three (3) people Geofrey Onyango, Julius Kipchumba and Geofrey Rotich lost their lives, and six (6) others were seriously injured. 

Ten (10) suspects were arrested and arraigned before the Chief Magistrate's Court at Kapsabet vide miscellaneous custody application no. E013/2023 on February 7, 2023. The court granted the Investigating Officer fourteen (14) days to hold the suspects in custody pending further investigations into the deadly blast. In addition, due to the nature and magnitude of the investigation, it was taken up by Investigators from the Directorate of Criminal Investigation (DCI).

Headquarters who completed their investigations and made a recommendation of a charge of murder against the suspects. 

A duplicate file was also forwarded to the Office of the Directorate of Public Prosecution (ODPP) Nairobi for perusal, directions, and further action in court.

The prosecution's intent to withdraw the case, citing areas that have not been covered, has left the families of the deceased and the public at large with many unanswered questions.

The DPP’s failure not to give reasons as per the requirement in section 4 of the DPP act is a clear violation of article 10 of the constitution. Therefore, the DPP has failed to promote public confidence.

We are greatly concerned and surprised that despite the completion of investigations by investigators from the DCI Headquarters, the suspects have not been charged with murder as recommended by the DCI. We are also concerned about the current position of the file that was forwarded to the ODPP for perusal, directions, and further action in court.