The Director of Public Prosecutions (DPP) Renson Ingonga has concluded the six-year inquest into the 2019 Likoni ferry tragedy that claimed the lives of Mariam Kighenda and her four-year-old daughter Amanda Mutheu.

The inquest, initiated in 2020, aimed to determine the circumstances surrounding the deaths and whether any party bore responsibility. Kighenda and her daughter died after their vehicle, a Toyota Isis with registration KCB 289C, rolled backwards off the MV Harambee ferry into the Indian Ocean shortly after boarding at Likoni on September 29, 2019.

Key Findings and Evidence

  • CCTV footage, though initially incomplete and mishandled, eventually showed the vehicle reversing into the ocean and the ferry’s attempt to assist before the car disappeared underwater.
  • Government pathologist Dr Johansen Oduor confirmed asphyxiation by drowning as the cause of death for both victims.
  • Engineering testimony revealed defective ferry safety features; notably, the MV Harambee’s prows, designed to prevent vehicles from slipping off, were inoperable.
  • Former Kenya Ferry Services MD Bakari Gowa admitted awareness of the defective prows prior to the accident but cited insufficient government funding for repairs.
  • The ferry had been operating without a full overhaul despite known safety issues, with some repairs only conducted after the tragedy.

Investigation Challenges

The inquiry highlighted significant procedural lapses, including the mishandling of critical CCTV evidence, which was returned to Kenya Ferry Services instead of being preserved properly. This, along with incomplete footage, delayed the investigation and complicated evidence presentation.

Initial investigating officer Corporal Moses Mahiuha indicated he believed negligence had occurred and that further investigation could have identified responsible parties. However, the case was transferred before completion, and subsequent investigative efforts faced hurdles.

Next Steps

The prosecution has closed its case, urging the court to proceed with a ruling based on existing evidence. The Kenya Ports Authority (KPA), which now manages ferry operations, had sought to submit additional documents but was absent during the final hearing. The court has scheduled a ruling for October 2026.

This ruling will conclude a protracted judicial process marked by challenges in evidence gathering, witness attendance, and judicial continuity. It will address whether institutional failures contributed to the tragedy beyond the immediate accident.

The incident remains a stark reminder of the critical need for stringent safety standards and effective oversight in public transport infrastructure.