By Reuben Olita -Busia
The public inquest into the death of former Malaba Deputy Officer Commanding Station (OCS) Gerald Tobias Murunga Opaye commenced on Wednesday at Busia Magistrate’s Court No. 2.
The proceedings, presided over by Chief Magistrate Paul Biwott, are intended to establish the circumstances surrounding Murunga’s death. The matter was forwarded to the court by the Office of the Director of Public Prosecutions (ODPP) after investigations failed to conclusively determine who was responsible for his death.
The public inquest allows any person with relevant information or evidence to assist the court in establishing the facts and identifying any person who may be held responsible.
“We want to establish what happened, and anybody found culpable will face the appropriate charges,” Chief Magistrate Biwott said.
The first day of the hearing featured testimony from two witnesses, beginning with the deceased’s widow, Naomi Murunga.
Naomi recounted her final conversations with her husband before his death on February 3, 2025.
“After attending the burial of our relative on January 31 and a family function on February 1, I left for my workstation in Eldoret on February 2 via Kitale. While travelling, we communicated and he told me he intended to get a haircut and later watch football. He promised to call me after returning home,” she testified.
She said she arrived in Eldoret at 7.22 p.m. but never heard from him again.
“A few minutes after 11 p.m., I sent him a text message but received no response. Early the following morning, I learnt of his death through social media. At about 4 a.m., my sister-in-law Faith called me crying and asked whether I had received the disturbing news,” she told the court.
Naomi said she travelled to Bungoma LifeCare Mortuary, where she viewed her husband’s body.
“By the time I arrived, the body had already been embalmed. He was still wearing our wedding ring and his spectacles appeared intact. Faith handed over his clothes to me, including innerwear, a vest, T-shirt, hooded jacket, cap and jeans. The vest and T-shirt were stained,” she testified.
Items produced in court as exhibits included a cap bearing the URM logo, blue pair jeans, a belt, innerwear, a white vest and blue socks.
However, Naomi raised concerns over missing exhibits.
“I handed over the black hooded jacket with stripes, but it is not among the exhibits presented in court. My husband’s wallet and spectacles, which were in a case, are also missing,” she said.
Chief Magistrate Biwott noted the concern and expressed hope that the missing items would be produced by witnesses during subsequent hearings.
The second witness, businessman and politician Daniel Mogoria, told the court that a week before Murunga’s death, the deceased had expressed concerns about challenges he was facing at work.
“We had a family function at home where my uncle, Tobias Murunga, sought assistance after developing issues with his superiors. He wanted help in securing a transfer,” Mogoria testified.
He said he received news of Murunga’s death on February 3.
“I received a call from my elder brother informing me that Tobias had died in a road accident. I immediately travelled from Kisumu,” he said.
The officer on duty explained that after receiving a distress call, they rushed to the scene at Ketebat along the Malaba-Angurai Road. Initially, they did not know the victim was the Deputy OCS. They later identified him and rushed him to Kocholia Sub-County Hospital, where he was pronounced dead,” he said.
According to Mogoria, his cousin Israel Masake informed him that the OCS Malaba had arrived at the home of the deceased. He found their presence very suspicious.
Mogoria told the court that the OCS informed the family that she had facilitated the transfer of the body to LifeCare Mortuary, paid a KSh3,000 deposit and arranged for its cleaning and embalming.
“The deceased’s mother was emotional and demanded to know who killed her son. After viewing the body at the mortuary, she observed that he had no visible head injuries and questioned how he had died,” Mogoria said.
He further questioned the handling of the matter by officers.
“One of the officers stated that Tobias was heavily intoxicated and struggled several times to kick-start his motorcycle before leaving. If that was the case, they should have prevented him from riding or arranged alternative transport,” he said.
Mogoria also raised concerns over the embalming of the body before family members viewed it, arguing that the move fuelled suspicions surrounding the death.
“The pothole allegedly blamed for the accident was too shallow to cause such a fatal impact. We were also puzzled by the position of the body and motorcycle at the scene. These concerns prompted us to request an independent pathologist, which was agreed upon,” he testified.
Mogoria added that several suspicious people visited his Amagoro home for four consecutive days between 9.00pm and 12.00 (mid night). He reported the matter to Malaba police and recorded a statement with the DCIO Amagoro.
The inquest is expected to continue with additional witnesses appearing before the court in the coming sessions on October 5, 2026.
