Why Wanjiru's relatives had to wait years for justice, closure

The inquest into the tragic death of Olympic marathon champion Samuel Wanjiru has taken a tumultuous and prolonged journey.

Filed in March 2014, the inquest sought to unravel circumstances surrounding Wanjiru’s death on May 15, 2011.

Wanjiru, who made history in 2008 by winning Kenya’s first Olympic gold medal in marathon, was found dead at his home in Nyahururu, after reportedly falling from a balcony.

Initial police reports suggested that his death could have been a suicide, but many questions remained unanswered, sparking widespread speculation about foul play. The inquest, launched three years after his death, aimed to clear the fog of uncertainty surrounding Wanjiru’s passing.

By the time of his death, Wanjiru’s first wife was Teresia alias Triza Njeri, a beautician with whom he had two children. Wanjiru also married Mary Wacera, a long-distance runner, in 2009, and they had a daughter in 2010.

• .

  Keep Reading

• 
  Wanjiru's inquest adds to Justice Micheni's list of landmark cases
• 
  How DR Congo conflict affects Raila's AUC bid
• 
  Jane Nduta: The mysterious woman inside Wanjiru's bedroom
• 
  Samuel Wanjiru's death still a mystery despite inquest

He also had a third wife, Judy Wambui Wairimu, who was pregnant by the time he died. She gave birth to a son after Wanjiru’s death.

The judicial journey began in Nyahururu, where emotional tensions ran high, eventually causing the legal process to flare up. This prompted a detour to Nakuru High Court, and retired Justice Emukule ordered that the inquest be heard in Nairobi.

After several preliminary delays, the hearing commenced on March 14, 2014, before the late Chief Magistrate Hannah Ndungu at Milimani Law Courts.

The DPP lined up various witnesses, including about 30 individuals such as Wanjiru’s widow Triza, his mother Hannah Wanjiru, his girlfriend Jane Nduta Wanjiku, his friends and several police officers.

Gathering evidence

However, from the outset, the process faced numerous delays, attributed to factors such as the complexities of gathering evidence, involvement of multiple parties, and legal and procedural challenges. One major hurdle was the difficulty the office of the DPP faced in securing key testimonies, as some critical witnesses were either unavailable or unwilling to speak.

Additionally, the dispute over the manner of Wanjiru’s death  further complicated the matter. 

The court in various stages, had to issue summons compelling some witnesses including Triza to appear in court and testify after she had been stood down in the middle of her testimony. While his family, particularly his mother, believed there was foul play, the police investigation and initial findings suggested that Wanjiru may have died by suicide or accident. This divergence of opinion required a thorough examination of all available evidence.

The involvement of high-profile figures, such as Jasper Nyauma Ombati, OCPD Nyandarua, former Nyandarua DCIO Isaac Onyango, DCI officers, several of Wanjiru’s co-athletes, and his coach Chavard Berardelli, also led to delays as some officers were on duty when the case was scheduled for hearings.

Moreover, objections and applications by the parties further delayed the proceedings. One such application came from Wanjiru’s mother, Hannah Wanjiru, and a human rights group, Haki Za Wanaume International.

They objected to marathoner’s lawyer James Wahome representing his widow, Triza, alleging collusion to sell Wanjiru’s multi-billion properties shortly after his death.

Hannah and the group revealed in court that Wahome should be disqualified from representing Triza due to conflict of interest related to Wanjiru’s vast estate, including assets like title deeds and money from UNEP worth Sh2 billion, awarded to Wanjiru for a Youth Marathon Training School.

Another Sh34 million, which had been sent by retired President Mwai Kibaki to condole with the family, was reported missing after being released by State House.

In 2019, following these applications and allegations, the inquest was adjourned multiple times until the court recused Lawyer Ndegwa from representing Triza due to the conflict of interest.

This prompted Triza to hire a new advocate, Mathea Gikunju, just 10 days later. On August 16, 2019, former trial magistrate Francis Andayi also directed that the court visit Nyahururu, the scene of Wanjiru’s death, after a fresh application from Wanjiru’s mother.

Lengthy testimonies from witnesses, cross-examinations, and the transfer and promotion of magistrates also contributed to the delays. 

Since its filing in 2014, the inquest had been handled by four magistrates Chief Magistrate Hannah Wanjiru, Daniel Ogembo (now deceased), Francis Andayi, and Wendy Micheni.

The emotional toll of the inquest was palpable, especially for Wanjiru’s mother, who wrote a letter to the court in August 2019, expressing her frustrations.

In 2023, after a long period of legal wrangling and numerous setbacks, the inquest into Samuel Wanjiru’s death finally concluded.

The court found that Wanjiru’s death was accidental, with large amounts of alcohol contributing to the fatal incident.