Andrews to query inquest delays on mission killing

Speaking yesterday at the spot where an Irish Franciscan brother was killed almost three years ago, the Minister for Foreign …

Speaking yesterday at the spot where an Irish Franciscan brother was killed almost three years ago, the Minister for Foreign Affairs, Mr Andrews, said he would question his Kenyan counterpart about the slow progress of the inquest into the killing when he meets him today.

Mr Andrews was visiting the remote mission in Lare, Rift Valley province, where Brother Larry Timmons was shot by a local policeman in mysterious circumstances almost three years ago.

The policeman, Mr Francis Kimanzi, claimed he was firing warning shots at a group of fleeing robbers. But Mr Kimanzi was also one of four prominent officials whom Brother Timmons had confronted with allegations of corruption just days earlier.

Yesterday Mr Andrews spoke with Brother Tony Dolan and Brother Gerald Smith, who were with Brother Timmons when he was shot.

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"I can appreciate the case much more now and this will only give me added impetus to have it settled," Mr Andrews said. He meets the Kenyan Minister for Foreign Affairs, Mr Bonaya Godana, today.

The investigation into Brother Timmons's death has been a drawn-out affair. The murder trial of Mr Kimanzi was aborted by the Kenya government two years ago following sustained pressure from the Irish government and the EU for an inquest.

The first inquest magistrate was murdered at the beginning of this year, while the second was transferred to a new position. Over 18 months later, the state has not finished examining its witnesses. The delays are "inexplicable," according to Brother Dolan, "other than that the state wants to drag it out."

The inquest has, however, uncovered a litany of police negligence and malpractice. It heard that Mr Kimanzi was drinking in uniform at a local bar when he was called to the robbery. A senior officer testified he was "smelling heavily of alcohol".

On arrival at the mission, Mr Kimanzi immediately opened fire with an automatic rifle, even though the robbers were only armed with sticks and knives.

He fired 20 rounds, which he later said were aimed "towards the sky". But one of the rounds hit Brother Timmons, who was lying on the ground, and several others pierced a nearby pick-up. None of the robbers was shot or apprehended.

Mr Kimanzi's testimony will be heard in two weeks time.

The inquest also examined detectives from Nakuru CID. An officer from the Scenes of Crime section told the inquest there was "no single surface which could call for lifting of fingerprints".

It took the same officer one year to write his report on the case and 16 months to develop photographs of the scene. Some 18 of the 30 photographs were destroyed during processing.

Neither Brother Dolan nor Brother Smith have been contacted by investigating officers since they made their initial statements in January 1997. Neither have they been asked to identify the robbers, who were unmasked.

There have been no arrests in relation to a night-watchman who was murdered by the robbers on the same night.

Local church authorities contend the killing may be linked to a series of complaints Brother Timmons had lodged with the diocese and senior police in the two weeks before the shooting.

Brother Timmons had complained that locals registering for ID cards were being forced to pay bribes of 100 shillings to officials. Some were unable to register due to a lack of forms. The ID cards were essential to anyone who wished to vote in the forthcoming elections.

"Larry was very annoyed and he had several arguments with the registrar. The policeman was there when the arguments took place," Brother Smith said last week.

The area around the village of Lare is seen as an anti-government area. It is predominantly inhabited by members of the Kikuyu tribe, who have clashed violently in recent years with the Kalenjin, the tribe of President Daniel Arap Moi.

Mr Andrews will also be paying a courtesy call to Mr Moi today, as part of his four-day visit to Kenya.

"This was either a case of extreme negligence and recklessness or an opportunity to even a score with Brother Timmons and teach him a lesson," Mr Waweru Gatonye, the lawyer acting for the Franciscan Brothers, said last week.