Last month, the body of Peter Mutuku Mutisya was discovered in a dam located on Del Monte’s farm in Kenya. Prior to this discovery, his loved ones had been searching for him for several days.
Mutisya, who is 25 years old, had a job as a chemical sprayer at a farm nearby. His relatives often depended on him for rides on his valuable motorcycle.
Hannah Wanjiru Nyambura, a deacon at the church, would often jest that her son should get married and name his first child after her. Her strong belief led her to pray when she learned that her son had been spotted being pursued by guards after stealing pineapples from Del Monte.
On Monday, November 13, Martin Chege Mutuku (age 27) and his friend Mutisya used rafts to cross a dam and enter a farm. The purpose of their trip was to collect ripe pineapples from Del Monte, the largest supplier in the world. They discovered ripe and easily accessible fruit in field 74 and began picking it immediately.
Mutuku stated that they were departing the area and Mutisya had gone ahead to retrieve their sacks when they were confronted by security guards. According to Mutuku, three guards emerged from the corner of the path that Peter had taken. One of them yelled, “Shikeni hiyo mbwa!” which translates to “Catch that dog!” Mutuku dropped their pineapples and attempted to flee, but one of the guards caught up to them and forcefully brought them to the ground. Another guard then joined in and they began to physically assault Mutuku.
The third individual, who preferred to remain anonymous, informed the Guardian that he managed to escape from the area when the guards arrived. Mutuku explained that while he was being restrained with his limbs tied, the guards heard Mutisya coming back with bags and pursued him. “I heard a scream and then everything went quiet after the two guards left me.”
Four days later, the villagers discovered Mutisya’s body while searching the dam. His father, Samuel Katendie, went to confirm the identity of the body, which was being transported in a truck. He was taken aback by what he saw – his son’s body was bloated from being submerged in water. Additionally, he noticed that there was bleeding at the back of Mutisya’s head and marks on his neck that appeared to be from strangulation.
The situation has been compared to that of Saidi Ngotho Ndungu, who was found dead in Dam 7 on the Del Monte plantation in May 2013, two days after being chased by Del Monte guards. Two acquaintances stated that they were with Ndungu and were caught trespassing on the farm. A witness statement provided to the police two days after Ndungu’s body was discovered alleged that guards beat him with wooden clubs and he was heard begging for his life. His death certificate listed drowning as the cause of death. When these claims and others were brought to Del Monte’s attention in June, they stated that they were taking them very seriously and conducting a thorough and urgent investigation.
Postmortems are usually performed by government medical professionals, but Mutisya’s was unique. In addition to the government doctor, a private pathologist who owned his own hospital was present in the examination room. He informed the Guardian that he was compensated by Del Monte for his work.
Hannah, the 41-year-old mother of Mutisya, expressed her despair upon hearing that there was a Del Monte representative at the morgue.
After the doctors completed their examination, the family was informed of the outcome: Mutisya’s cause of death was drowning. Samuel, the father, expressed his disappointment, stating “As a parent, I felt hopeless for justice when the doctor reported no signs of injury. I couldn’t even eat that night.”
According to the Guardian, both the official postmortem and the report from the pathologist for Del Monte state that the cause of death was drowning and that there were no injuries documented.
The Del Monte report strongly states that there is no proof of any third party involvement in the death of this individual, as there were no signs of injuries found during the postmortem examination.
The British forensic pathologist, whose name was not disclosed by The Guardian, was presented with both reports and a photo of the body.
The pathologist from the United Kingdom stated that he observed potential injuries on the body in the photograph. He pointed out darker patches on the forehead and cheek, as well as parallel lines on the right arm, which he believed could be caused by a ligature or from being beaten with an object like a baton. The pathologist also mentioned the possibility of injuries in areas not captured in the photo due to shadows and the lack of a back view, such as the neck and wrists. It is also worth noting that decomposition can hide injuries.
It is typical for corpses found in water to sustain damage after death. However, the pathologist from Britain expressed concern about the lack of information in the postmortem reports, stating that it raised many red flags. At the very least, one would expect any markings to be documented, regardless of whether they were deemed to be injuries.
He stated that both reports did not meet the necessary forensic standards. He also pointed out conflicting conclusions and missing information that raised doubts about whether the reports were biased towards the belief that Mutisya drowned.
He and another British pathologist who analysed the reports noted that only the police-commissioned report recorded petechial haemorrhages, pinprick bleeding around the eyes. This can be indicative of strangulation, though can have other causes, including drowning. They said that at the very least they should have prompted a written note on an internal and external examination of the neck but this is not given in either report.
The pathologist hired by Del Monte in Kenya maintained that his findings were accurate. He stated, “My report is definitive and follows standard procedures for forensic examinations.”
He raised doubts about the ability of any pathologist to provide a valuable analysis based on a photo of a decomposed corpse.
Mutisya was buried on 28 November by his family before they had a written copy of the postmortem. Human rights observers are concerned the report was withheld from them until after the body was buried, when they would not be able to request an independent medical assessment without exhumation.
The mother disputed the postmortem results, stating that she did not agree with them. She referenced Chege’s testimony that he heard Peter scream and expressed disbelief in the claim that he drowned.
A representative from Del Monte stated that the company had complete cooperation with Kenyan officials during their investigation in the previous month. According to the official postmortem report, which was authorized by the Directorate of Criminal Investigations Officer and four different doctors who were present during the examination, the person’s cause of death was determined to be drowning and there were no signs of any suspicious activity.
We extend our sincere sympathies to the grieving loved ones during this challenging period. We have confidence in the legal system in Kenya.
According to the statement, inquiries regarding the Kenyan judicial system should be directed to the “Kenyan authorities who are spearheading this investigation.”
The Guardian’s requests for comment were left unanswered by the police.
Source: theguardian.com
