Keroche Breweries CEO Tabitha Karanja and her family want Omar Lali charged afresh with the murder of their daughter, Tecra Muigai.
In an affidavit, Karanja wants the prosecution to compel the investigators to fill any gaps in Lali’s file and get him to answer to murder charges.
Lali, 52, was charged with the murder on July 13 at Garsen law courts.
He denied the charges which were later dropped by DPP Noordin Haji and instead he ordered for an inquest.
The DPP wants the inquest proceedings moved to Lamu instead of Nairobi where Tecra died.
According to Tabitha, the case should be heard in Nairobi where key players in the case — the family, the forensic investigators and the pathologists — are all based.
Further, the Keroche Breweries proprietor said that they were afraid for their lives in Lamu.
“Boat transport is the singular most reliable form of transport for accessing Lamu Island hence there is real and well-founded fear in the family of the deceased that they may not travel to and from Lamu Island to attend and participate in the inquest proceedings at Lamu without significant threat to their life and safety,” Karanja swears.
She also accused the DPP of standing in the way of the family getting justice for their kin, adding, that he could be receiving instructions from a third party.
“The family… strongly believes…. [that] the DPP .. is responding to instructions and or pressure from elsewhere to avoid bringing to account whoever may have been responsible for the death of Patricia Tecra Muigai,” she adds.
Earlier on in the week, Tabitha expressed lack of confidence in the DPP prosecuting the case effectively.
“As a result of such conduct on the part of the DPP, we no longer have confidence in the DPP handling this matter,” Tabitha swore.
“….It came as a shock to the family of the deceased to learn that the Director of Public Prosecutions has made another whimsical and arbitrary decision to terminate/withdraw the inquest proceedings from the chief magistrate’s court in Milimani law courts…”
Tecra died on May 2 while receiving treatment at the Nairobi Hospital.