Refugee seeks court order for DCI to investigate brother’s death at Kakuma resort
Claude Mutaratara, the petitioner, claims his brother, Derick Ingabire, died at the resort on March 21, 2024, but no investigations have been conducted despite the matter being reported to police.
A refugee has filed an urgent application in the High Court in Nairobi, seeking to compel the Directorate of Criminal Investigations (DCI) to probe the alleged murder of his brother, who died under unclear circumstances at a resort in Kakuma.
Claude Mutaratara, the petitioner, claims his brother, Derick Ingabire, died at the resort on March 21, 2024, but no investigations have been conducted despite the matter being reported to police.
More To Read
Mutaratara wants the court to issue an order compelling the Officer Commanding Station (OCS) Kakuma, the DCI, and the Inspector General of Police to commence investigations and take the necessary legal action, including the arrest and prosecution of those responsible, pending the hearing and determination of the petition.
"A conservatory order be issued directing the Respondents to file a comprehensive status report on the investigations into the murder of Derick Ingabire pending the hearing and determination of this application," the court documents state.
Mutaratara says he reported the death of his brother at Kakuma Police Station under OB number 41/31/03/2024, but to date, the respondents have not taken any steps nor submitted any report to the DCI.
He argues that the failure to investigate constitutes a violation of Articles 26, 28, 47, and 48 of the Constitution and expresses fear that the case will go uninvestigated, causing him and his family immense injustice.
Recounting the events of the day, Mutaratara says he was at the resort with his children, the deceased, and some of the deceased’s friends. After about two hours, he left with his children, leaving Ingabire behind with his friends as they continued eating.
According to court filings, 45 minutes later, he received a phone call from one of Ingabire’s friends informing him that his brother had been found dead and that they were at the mortuary.
Mutaratara says he rushed to Lodwar County Referral Hospital, where he was told that the deceased had allegedly been found struggling while swimming at the resort. He was reportedly rescued and rushed to Kakuma Mission Hospital, but died while receiving treatment.
However, a post-mortem later revealed that the cause of death was “bilateral haemothorax secondary to blunt force trauma.” The examination also showed that the deceased had deep cut wounds on his back.
Mutaratara further claims that two swimming pool attendants who had been arrested were quickly released on the hotel’s instructions, and no further updates or communication have been provided since.
He also alleges that the hotel management has refused to release CCTV footage or any internal report related to the death, frustrating efforts to obtain justice.
"All attempts by the petitioner to seek assistance and protection under the laws of the Republic have failed and continue to be frustrated," the documents state.
Mutaratara is seeking a declaration from the court that his right to a fair trial and access to justice has been violated due to the respondents’ inaction. He also wants the court to rule that the refusal to hand over CCTV footage of the scene of the crime is a violation of Article 47 of the Constitution.
In addition, the petitioner argues that he has been discriminated against because of his refugee status, in violation of Articles 10 and 27 of the Constitution.
Mutaratara further wants the individuals who were arrested and later released to be re-arrested and arraigned in court to face justice.
Top Stories Today
