A British family has said it will move to the High Court to have the magistrate presiding over the inquest on the demise of their son recalled to complete the hearing.
Alexander Monson died while in police custody in Kwale four years ago and the attending magistrate – Mombasa Senior Principal Magistrate Richard Odenyo – was transferred to Migori, slowing down the exercise that was last held in May.
Through lawyer Alfred Olaba, the family said it feels that Mr Odenyo, who had already heard the evidence of more than 20 witnesses, would be the best person to see the case to its completion.
“Mr Odenyo… is better placed to deliver justice to the family. The case is almost over, less than four witnesses are remaining. But more importantly, he has listened to key witnesses,” Mr Olaba said.
The family said it was necessary for the former Mombasa magistrate to be recalled to clear with the remaining witnesses and deliver a judgment.
Mr Olaba had applied before Chief Magistrate Douglas Ogoti, whom the case had been placed before, to recall Mr Odenyo but he declined saying the court had no jurisdiction to do so.
On Friday, Mr Ogoti gave the lawyer a go ahead to move to the High Court to file the application.
Kenyan police had previously said that Alexander Monson, 28, a former pupil at Marlborough College, was taken ill in the cells after being arrested in the beach resort of Diani. However, two doctors’ reports on a post-morte-mortem examination found that he died after a “blunt force trauma” to his skull.