Saturday, April 28, 2001
Widow's 12-year wait for justice
By NATION Correspondent
A widow has been waiting for 12 years for a case in which she is demanding
compensation for her husband's killing to be heard.
A desperate Mrs Alice Ogutu, who has gone to court regularly throughout,
now wants Mombasa Resident Judge Andrew Hayanga to help have her case determined.
Mrs Agutu first went to court on April 25, 1988, making it the oldest
outstanding case in the Mombasa courts.
Some advocates who participated in the suit have died, while one who
represented the hotel the widow has sued is a now a judge.
In the suit before the High Court, Mrs Agutu has sought to have Mombasa
Beach Hotel compelled to pay her for the death of her husband, Mr John
Opiyo.
Mr Opiyo was a watchman at the hotel when he met his death on September
15, 1985.
An armed gang clubbed him to death while on duty.
A death certificate in the court file indicated that Mr Opiyo died of
severe head injuries.
He was survived by the widow and three children, all of whom are still
alive.
When the file was presented before the High Court yesterday, Mr Justice
Hayanga took issue with the way the matter has been handled all through.
He said records showed it was apparent there was inordinate delay in
the hearing and determination of the case.