Court summons ferry manager Bakari Gowa over 2019 Likoni tragedy
The case has also been clouded by controversy over missing CCTV footage. The court previously received only a partial recording, raising suspicions of mishandling. It was later revealed that the complete footage had been returned to KFS instead of being preserved as an exhibit.
The inquest into the 2019 Likoni ferry tragedy has taken a fresh turn after a Mombasa court ordered Ferry Operations General Manager Bakari Gowa to appear and clarify unresolved safety questions surrounding the incident that left a woman and her four-year-old daughter dead.
Chief Magistrate Alex Ithuku issued the summons following an application by prosecution counsel Alex Ndiema, who said the former Kenya Ferry Services (KFS) Managing Director must provide answers on operational failures that may have led to the accident.
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The directive came after Corporal Moses Mahiuha, the first investigating officer on the case, told the court that only the ferry management under Gowa’s leadership could respond to technical questions about what went wrong that day. Mahiuha explained that he handled the case for only two months before handing it over to the Directorate of Criminal Investigations in Likoni.
“Yes, there was an offence committed. I would have found someone culpable for negligence had I continued with the investigation,” he told the court.
When asked by the magistrate whether he faced any challenges that influenced the decision to refer the matter to an inquest rather than recommending charges, Mahiuha said he did not complete the investigation.
“Your honour, I handled the file for two months before handing it over to the DCIO Likoni. They may be in a better position to explain. I had not completed the investigation by the time I handed over the file,” he said.
His response prompted Ndiema to request that the Likoni DCIO be summoned to give a detailed explanation on how the file was handled.
“I pray that summons be issued for the Likoni DCIO to explain how this matter was handled after the file was handed over to them by Mr Mahiuha,” said the prosecutor.
The court also summoned Constable John Safari, a forensic imaging and acoustic analyst from the DCI headquarters, to testify.
Mahiuha appeared under a warrant of arrest and explained the steps he took while investigating the deaths of 35-year-old Mariam Kigenda and her daughter, Amanda Mutheu.
The victims died after their Toyota Isis vehicle reversed and fell into the ocean moments after the MV Harambee ferry departed from the Likoni ramp.
Mahiuha produced full video footage and photographs showing the sequence of events. The recording captured the vehicle as the last to board before departure. It showed that the ferry left the shore without lifting the safety barriers, after which the car slowly reversed and plunged into the water at 6:13 p.m.
The footage also showed the ferry turning toward the vehicle, apparently to assist, but the car disappeared under the rough waters before any help could reach it.
“According to the coxswain, he tried to bring the ferry towards the sinking vehicle in an attempt to save it, but the car submerged,” Mahiuha told the court.
He added that a rescue boat arrived three minutes later when the vehicle had already sunk. He maintained that only the management at the time could answer questions on ferry safety.
“KFS was at the time under Mr Gowa. I later learnt it had merged with the Kenya Ports Authority, but the management at the time can answer questions on ferry safety,” he said.
Government Pathologist Johansen Oduor testified virtually, confirming that the two victims died of asphyxia caused by drowning.
The case has also been clouded by controversy over missing CCTV footage.
The court previously received only a partial recording, raising suspicions of mishandling. It was later revealed that the complete footage had been returned to KFS instead of being preserved as an exhibit.
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