The families of the three miners killed in a blast at the Kerebe gold mine in Nandi County are demanding for justice after the Office of Directorate of Public Prosecutions (ODPP) terminated a case against 10 suspects linked to the incident and ordered a fresh probe into the matter.
“Justice delayed is justice denied and all those implicated in the crime must be made to face the law,” demanded widows who complained of harassment by influential personalities in their quest to seek legal redress.
They are out to ensure that the deceased: Geoffrey Kipchirchir Rotich (39), Geoffrey Onyango (33) and Julius Kipchumba (41), get justice.
Caroline Rotich and Sheila Agui, the widows of the late Rotich and Kipchumba respectively, said they are under pressure to settle the matter out of court.
“I have known no peace since my husband died in the gold mine explosion three months ago. We have received threats from strangers cautioning us against taking any legal proceedings on the matter and threatening that we shall face dire consequences,” said Mrs Rotich.
Relative calm has been restored in Tindiret where Kerebe Gold Mining Company operates after 10 suspects were arrested and arraigned in court but were released without answering to any formal charges.
The Office of the Directorate of Public Prosecutions (ODPP) has stated that no suspects have been arraigned for the unlawful deaths and that the 10 suspects were presented to the Kapsabet court for custodial orders pending investigations into the matter.
It maintains that the action does not absolve any of the suspects in the matter from culpability, but interviewed widows and residents have raised concerns that the process has taken too long to be concluded.
They claim the perpetrators of the heinous act are well known and are walking freely in the villages, three months down the line.
“We have received several threats from people believed to be behind the explosion that resulted in the deaths and there is little that we can do since they seem to enjoy protection from influential personalities,” added Mrs Rotich.
Did not report
The widows have however not reported the threats to the police for fear of further harassment from security agents.
According to the mother of the late Rotich, Mama Jane Sang, it is the responsibility of the government to offer them protection and allow the law to take its course against those implicated in the incident.
“We do not understand why these people continue to harass us. Strangers have been making secret visits to our homes even at night and their intentions remain unknown,” said Mama Sang while terming the act a scheme to intimidate families of the deceased against pursuing justice.
The sentiments are echoed by Chemelil Member CA, Martin Douglas who accused some “powerful individuals” in the government of the rivalry between Karebe Gold Mining Limited and Chemase miners.
“The government should launch an enquiry into the matter with a view of arresting and charging suspects linked to the explosion that killed the three miners and injured six others,” said Mr Douglas.
A group of Nandi elders have waded into the controversy and cautioned against covering up the matter.
Led by Dickenson Keroney, Richard Tarus and David Yego, the elders said the entire village and families of those killed were living in fear since the January 2023 killing.
“All that we want is independent investigations by relevant bodies to ensure that the prosecution team and the judiciary perform the duties objectively,” said the elders.
A retired Chief Jackton Choge took issue with some influential personalities in the government who are out to interfere with the matter and deny the families justice.
“The local community in Chemelil Ward will not accept to have this matter reduced to an inquest since it will amount to a scheme to protect those implicated in the matter,” said Mr Choge.
The Law Society of Kenya (LSK) has taken issue with the ODPP for allegedly acting against the law and public interest in its decision not to prefer charges against 10 suspects implicated in the blast that killed three people and injured six others.
LSK President Eric Theuri termed the ODPP’s decision political and meant to serve the interests of certain individuals and if allowed to go unchallenged, it will entrench impunity in the country.
The ODPP dropped the cases at the Kapsabet magistrate’s court claiming there was no sufficient investigation conducted.
Following the ODPP’s submissions on March 17, 2023, Chief Magistrate Samuel Mokua made a ruling citing that the court had no power to compel the prosecution to press on with the case involving the suspects.
The ruling sparked protests from LSK, the Kenya National Human Rights Commission (KNHCR) lawyers, as well as the family and victims’ lawyers who are seeking justice for their kin who died in the incident three months ago.
Judicial review
Karebe gold mines lawyer Abner Mango said the company will head to the High Court to seek judicial review over the decision.
The ODPP has however constituted a team of six prosecutors to probe and resolve the matter.
The team will work with investigators from the Directorate of Criminal Investigations (DCI) in unearthing the circumstances that lead to the January 23 blast and institute fresh legal proceedings against suspects implicated in the deadly explosion.
“Even as the ODPP continues to commiserate with the families, relatives and friends for the loss of their loved ones, we do call for patience to enable the prosecutorial and investigations teams to conclude the intended incisive probe into the matter so as to firm up the case herein, arraign before the court all that are found to be culpable and to give proper legal directions as to the long-standing wrangles that have characterised the operations at the Tindiret mines,” said a statement by the ODPP.
The team is out to procure a report from the Ministry of Mining to determine whether the Special Prospecting Licences issued to the Karebe Gold Mining Limited extend beyond the boundaries of the land in the disputed case and understand the scope of the license.
It will also liaise with the Director of Survey at the Ministry of Lands to determine the exact ground and underground boundaries with regard to the operations of both mining companies as per the issued licenses.
The team is also out to establish the mining application forms and procedures for licensing by Karebe Gold Mining Limited and Chemase miners among others.
Nandi Governor Stephen Sang while attending the burial of Geoffrey Rotich, one of the three Karebe workers who died in the explosion, demanded that the rival company suspected of being behind the explosion compensate the families.
Governor Sang said the killers were known and he too claimed key suspects enjoyed the protection of senior officials who have an interest in Karebe’s mining territory. BY DAILY NATION