How DCI bungled justice in the 1997 murder of spy agent Simiyu

As opposition momentum picked across the country against President Daniel Moi and his Kanu government, spy agent Gilbert Ahanya Simiyu was murdered by political mob as he covered a political gathering on August 8, 1997.

The officer who had been tasked to cover the street protest walks led by opposition leader then Mr Raila Odinga, died a painful death as mobs descended on him at the Central Park, Nairobi.

It was the start of an investigative, arrest, and arraignment circus against seven(7) suspects, leading to their acquittal nine(9) months later in the case reference ‘Criminal Case 1 of 1998’.

These 29 years later, the murder of Simiyu continues to elicit political undertones as justice for him also remains as dead as him.

During the April 12, 2025, burial ceremony of Mr Odinga's long serving bodyguard George Oduor, Siaya Governor James Orengo in a blunt speech revived the debate.

He said that Oduor was among the suspects who were arrested after the spy's murder "and innocently suffered in Kamiti Maximum Prison for nearly a year".

Mr Orengo said he was once a jailbird at Kamiti "and I can tell you that the place is not a hotel".

Mr Odinga was also to wisely contribute to the debate when he said "in the tumultuous period leading to the 1997 General Election, George was arrested and held at Kamiti Maximum Prison for nearly a year--accused of having links to the no reforms, no elections”.

The biggest issue in their revelation is that the court documents do not offer proof that the departed bodyguard by his official names was ever arrested and charged for Simiyu's murder.

While in the obituary the bodyguard's name was indicated as George Nyang'ira Oduor, the court papers record no similarity with the names, unless then, he was booked differently.

The court papers have Kennedy Otieno Ochung, John Otieno Owour, Peter Otieno Michael, Oscar Juma William Ombala, Collins Awanda Wasonga, Benjamin Otieno Odhuongo, and Michael Oduor Okumu as the suspects who were arraigned.

Mr Odinga said "George had no role in the events that led to that arrest, but he bore it with quiet dignity".

Mr Orengo had revealed that he was acting for the suspects charged with murdering Simiyu and led the fight that saw all of them acquitted.

Mumias East MP Peter Salysia was to on April 13, 2025, demand fresh investigations in the murder.

"It's not right that we can so insensitively discuss a crime of murder in a manner so hurting to the family of the deceased knowing too well that nearly three(3) decades later no justice has ever been served," MP Salasya said.

Mr Salasya said all those who participated in the murder of Simiyu were captured in video clips and all that was required was for the detectives to build a successful case that would have punished the murderers.

"We should not fail to notice the open admission that Simiyu died while on duty covering a rowdy function organised by politicians. We can safely say that politicians well known to us have Simiyu's blood dripping from their fingers," he said.

Mr Salysia said "it is disheartening that the Directorate of Criminal Investigations that is supposed to guarantee justice in murder cases was very inept and you wonder at what point they became their colleague's death cheerleaders".

Mr Salasya believes that "even the speed at which that murder case was investigated and concluded at the courts was very suspect".

Mr Orengo said "that case collapsed after a stupid officer recorded his statement in English, but at the courts said he was only conversant with the Swahili language".

He added that "the officer would proceed to recant his statement everytime I posed a cross-examination question by saying hayo sio maneno yangu (that is not my statement)".

However, the case file and judgment that was delivered on December 3, 1998, by Justice Emmanuel O'Kubasu indicted investigators to dereliction of duty.

Justice O'kubasu observed that the case collapsed after the identification parade was rigged through availing in advance suspects' photos to the witnesses.

Justice O'kubasu in his ruling said the deceased was an officer attached to the National Security Intelligence Service. 

"He was on duty to cover the proceedings of a political rally. There was a commotion which resulted into the death of the officer. The accused persons were arrested when there was a general operation to round up all those who were suspected to have been involved in this unfortunate incident in which the deceased died," the Judge said for the records.

The trial commenced on June 10, 1998, where the prosecution called 23 witnesses and at the close of prosecution case Mr Orengo who appeared among for all the six(6) accused persons made a submission of no case to answer. 

He pointed out that the accused had a no case to answer since no single witness had pointed at any of the accused persons.

"It was Orengo's contention that identification of the accused persons was not properly conducted and hence the six(6) persons should be acquitted at this stage," the suit papers read in part.

Justice O'kubasu lamented that "it cannot be denied that the deceased died as a result of the injuries received on August 8, 1997, when he was assaulted by some of those who had attended a political rally at the Central Park, Nairobi".  

He added that "evidence was given to the effect that the deceased was one of the Security Officers at the rally and he was set upon by those in the crowd who suspected him to be a spy".

Inspector John Mungai (PW1) testified that Simiyu was murdered in cold blood at around 11am. 

Mr Mungai testified that he recognised one of those who assaulted the deceased "but that man was not one of the accused persons".

Inspector Wilson Cheruiyot (PW2), Senior Sergeant Bernard Simiyu (PW3),  Corporal Jacob Wamalwa Makhanu (PW4), and Corporal Jane Mathenge (PW5) all identified the accused.

The PW5 said she only saw one of the accused "slap the deceased".

The Judge observed that of all the 23 witnesses, only PW2, PW3, PW4 and PW5--all being police officers--were able to identify some of those who assaulted the deceased.

"Hence, the evidence connecting the accused persons and the offence is that of identification by those who were at the Central Park," the judge said.

"Before I conclude this ruling, we must consider the issue of a prima facie case. The law is clear when it comes to prima facie case," he said.

He added that "there was a complaint that some photographs were used by the witnesses".

Inspector Philista Wagura (PW12) testified to the effect that on 19th August, 1997, she conducted identification parade in which the suspect was Benjamin Otieno. 

On being cross-examined she stated that "I knew later that there were photographs".

Inspector Christopher Kiplimo (PW13) testified that "I saw some photographs with the investigating officer. I had no interest in the photographs. If the photographs were shown to the witnesses that would not be in order".

Superintendent Daniel Cheptigen (PW16) testified that “there were photographs at Kilimani”.

"The photographs were used by the witnesses during identification parade. The witnesses would look at the photographs and then identify the suspect on the parade. As far as I know, there were photographs," Mr Cheptigen said.

Superintendent Samuel Githui Mithamo (PW20) in his evidence in chief said "There were photographs which were used, but actual identification parade was held. The photographs were obtained from the media".

The judge posed: “What can we say about these identification parades? These Senior Police officers have admitted that photographs were used in identifying the suspects. It cannot be said, but such evidence can pass the test of prima facie case.”

He added: “This was unfortunate case in which an innocent Police Officer died at the hands of unruly mob. It was difficult to state with any degree of certainty as to who were the culprits.”

Then came the Justice O'Kubasu verdict thus: “The upshot of the foregoing is that all the six accused persons are to be acquitted and set free forthwith unless otherwise lawfully held.”

As Simiyu continues to rest in peace, the injustice that sent him to the grave continues to walk around in total freedom's peace.