SUB FILE “A”

INITIAL
REPORT
 THE KENYA POLICE
CRIME AND ACCIDENT REPORT
DATE…………………….26th March 2012
OFFENCE………………Manslaughter contrary 205 as read with 202 of the Penal Code as
read together with secretion 205 of the Penal Code.
(a) POLICE STATION……………………………….....…Lodwar Central Police Station
(b) DIVISION………………………………………………………..........……..…Lodwar
(c) O B NO;……………………..03/26/03/2012....TIME……………..……..…..05.30 am
(d) DATE AND TIME OF ACCIDENT……26th/3/2012……………at 5.00 am …….…..
(e) PLACE………………Lodwar MAP REF;………………
(f) NAME AND TRIBE OF COMPLAINANT……………State........................................
(g) DESCRIPTION OF THE ACCIDENT/INCIDENT…………........................................
On the 26th day of March 2012 at Lodwar Tourist Hotel, in Lodwar, using a lamp
shade stand Mr. Rock Blake struck the head of Ms.Naija Nairu causing her to collapse.
She later succumbed to her injuries upon her arrival at Lodwar General Hospital,
where she was pronounced dead.
…………………………………………………………………………………..............
(h) NAME AND TRIBE OF THE ACCUSSED PERSON IN CUSTODY………Mr. Rock
Blake, Jamaican.
(i) ACTION TAKEN..............................................…………………………Investigations
(j) ANY PREVIOUS REPORT..............................................None......................................
(k) INVESTIGATING OFFICER….....Chief Inspector KweKwe Kolocha………………
(l) PASSING OFFICER……………………………
(m)RECEIVING OFFICER……………...................

OVERVIEW OF THE CASE:

Mr. Blake, a Jamaican tourist planned a trip to Kenya for 15 years which materialized in the
year 2012. He landed on 20th March, 2012. His Itinerary ran from 20th March to 28th March
where he was to visit the Aberdare National Park to see the big five and on 24th March, he was
to fly to Lodwar County to study several pre-historic sites, which was to take place from 25th
to 28th March. While in Lodwar, on the evening of 25th March, 2012, after a night out with his
personal assistant, Mr. Android Bolton, at Dance Hour discotheque, Mr. Blake left for his
hotel room 225 at Lodwar Tourist Hotel in the company of Ms. Naija Nairu, a lady he had just
met during the night out. A struggle ensued and Mr. Blake hit Ms. Naija Nairu on the
forehead using a lamp shade stand whereupon she collapsed. She was rushed to hospital
where she was pronounced dead on arrival. Mr. Blake was arrested by Chief Inspector
Kwekwe Kolocha and taken into police custody at Lodwar Central Police Station.

CRIME SCENE:
Ms. Naija Nairu was pronounced death on the night of 25th March, 2012 after a struggle
ensued in Mr. Blake’s hotel room 225, at Lodwar Tourist Hotel. Mr. Blake and his Personal
Assistant, Mr. Android Bolton, flew to Lodwar County where they were booked in at Lodwar
Tourist Hotel. On the evening of 25th March, 2012 at about 8 pm, they decided to explore the
night life by visiting Dance Hour discotheque where they sat at a table for a drink. After a
couple of minutes, they were joined by Ms. Naija Nairu who they shared the table and drinks
with. At about 2 a.m, Mr. Blake and Ms. Naija Nairu left for Mr. Blake’s hotel room and left
Mr. Bolton behind. While at the room, the two fell asleep and at about 5 a.m Ms. Naija Nairu
was about to inject Mr. Blake with a syringe when he shot out of bed and held back her hand
in an attempt to stop her from injecting him. In the ensuing struggle, Mr. Blake was forced to
hit Ms. Naija Nairu using a lamp shade stand, which hit her on the forehead causing her to
collapse. In panic, Mr. Blake called for an ambulance which arrived 30 minutes later and took
Ms. Nairu to hospital. The attack weapon was left at the scene.

SUSPECTS:
Mr. Blake was the prime suspect in the case. At the time of Ms. Naija Nairu’s death, he was
visiting Kenya as a tourist, which tour he had planned for over 15 years. He had planned to
visit the Aberdare National Park on 20th – 23rd March and on 24th March, he was to fly to
Lodwar County and was scheduled to be there till 28th March. It was at one of the night
discotheques’s at Lodwar where he met the victim, on the evening of 25th March, 2012 after
which she accompanied him to his hotel room 225 at Lodwar Tourist hotel where a struggle
ensued between them and he hit her with a lamp shade stand whereupon she collapsed and
was pronounced dead upon being taken to hospital. Mr. Blake was thereafter arrested.

OCCURRENCE BOOK
 Date: 26th March 2012.

No Reference No if any Case file No if Nature of Occurrence Remarks

Time any
Hour Minutes
1 ------ 07 00am ------ Murder report Chief
Arrested at station is Inspector,
one male adult namely Kwekwe
Mr. Rock Blake, a Kolocha
Jamaican tourist of Box
No 25923 Kingston. Tel:
0723 44 33 66. Today
at around 5:30 am, at
Lodwar Tourist Hotel -
Room 225, Mr. Blake
had a scuffle with Ms.
Naija Nairu in his hotel
room. Mr. Blake hit Ms.
Nairu on the forehead
using a lamp shade
stand causing her to
collapse. An
ambulance was called
and on arrival at
hospital Ms Nairu was
proclaimed dead due
to the blunt force
trauma. Mr, Rock was
taken into custody
shortly afterwards.

SUBFILE “B”
DOCUMENTARY
EVIDENCE
1 B-01

EX1: Syinge and Needle Collected from Mr. Blake’s Room

.
EX2: 6000 US Dollar notes Collected from Mr. Blake’s Room.

EX3: Bottle containing some substance Collected from Mr. Blake’s Room
EX4: HP 2000 laptop Collected from Mr. Blake’s Room

EX5: Camera Bag Collected from Mr. Blake’s Room

EX6: Canon EOS60DA Collected from Mr. Blake’s Room

EX7: Lamp Stand from Mr. Blake’s Hotel room

EX8: Ms. Nairu Sponsee’s Handbag from Mr. Blake’s room.
SUBFILE “C”
EXPERT
REPORT
MEDICALREPORTON THE DEATH OFMS. NAIRUSPONSE
I Dr. JOHANSEN ODUOL DECLARE THAT:

1. I understand that my duty is to help the court to achieve the overriding objective by
giving independent assistance by way of objective, unbiased opinion on matters within
my expertise, both in preparing reports and giving oral evidence. I understand that this
duty overrides any obligation to the party by whom I am engaged or the person who
has paid or is liable to pay me. I confirm that I have complied with and will continue
to comply with that duty.

2. I confirm that I have not entered into any arrangement where the amount or payment
of my fees is in any way dependent on the outcome of the case.

3. I know of no conflict of interest of any kind, other than any which I have disclosed in
my report.

4. I do not consider that any interest which I have disclosed affects my suitability as an
expert witness on any issues on which I have given evidence.

5. I will advise the party by whom I am instructed if, between the date of my report and
the trial, there is any change in circumstances which affect my answers to points 3 and
4 above.

6. I have shown the sources of all information I have used.

7. I have exercised reasonable care and skill in order to be accurate and complete in
preparing this report.

8. I have endeavored to include in my report those matters, of which I have knowledge or

of which I have been made aware, that might adversely affect the validity of my
opinion. I have clearly stated any qualifications to my opinion.

9. I have not, without forming an independent view, included or excluded anything

which has been suggested to me by others including my instructing lawyers.

10. I will notify those instructing me immediately and confirm in writing if for any reason
my existing report requires any correction or qualification.
 11. I understand that:

1. my report will form the evidence to be given under oath or affirmation;

2. the court may at any stage direct a discussion to take place between experts;

3. the court may direct that, following a discussion between the experts, a
statement should be prepared showing those issues which are agreed and those
issues which are not agreed, together with a summary of the reasons for
disagreeing;

4. I may be required to attend court to be cross-examined on my report by a

cross-examiner assisted by an expert.

5. I am likely to be the subject of public adverse criticism by the judge if the

Court concludes that I have not taken reasonable care in trying to meet the
standards set out above.

12. I confirm that I have acted in accordance with the Code of Practice for Experts.

13. I confirm that I have read guidance contained in a booklet known as Disclosure:
Experts’ Evidence and Unused Material which details my role and documents my
responsibilities, in relation to revelation as an expert witness. I have followed the
guidance and recognize the continuing nature of my responsibilities of revelation. In
accordance with my duties of revelation, as documented in the guidance booklet, I
confirm that:

1. I have complied with my duties to record, retain and reveal material in

accordance with the Criminal Procedure Code;

2. I have compiled an Index of all material. I will ensure that the Index is updated
in the event I am provided with or generate additional material;

3. In the event my opinion changes on any material issue, I will inform the
investigating officer, as soon as reasonably practicable and give reasons.

STATEMENT OF TRUTH
I confirm that the contents of this report are true to the best of my knowledge and belief and
that I make this report knowing that, if it is tendered in evidence, I would be liable to
prosecution if I have willfully stated anything which I know to be false or that I do not believe
to be true.

Signature: JOHANSEN ODUOL

Date: 27/03/2012

SUBFILE “D”
PROSECUTION
WITNESSES
 PW1 STATEMENT

Lodwar Central Police Station

Name: Kwekwe Kolocha

ID No: P38612587A

P.O BOX: 242-00100

Occupation: Chief Inspector of Police

Date: 26th March 2012

Time: 0700 am.

Place: Lodwar Central Police Station

Declaration: I declare that this statement is true to the best of my knowledge. I am making this
declaration knowing that it can be used as evidence in court. I also know that if the statement is not
true or I have said anything which I do not believe, the severe measures will be taken against me
according to the criminal code.
…………………………………………………………………………………………………………

I am the officer that arrested Mr. Rock Blake and took him to custody. I am also the officer that
booked him. Mr. Rock Blake was at Dance Hour Discotheque in the company of Ms Naija Nairu, who
he left with to his hotel room. In his hotel room, they had an altercation. Mr. Rock Blake hit Ms. Nairu
on the forehead using a lamp shade stand causing her to collapse. He then called an ambulance, but
Ms. Nairu was pronounced dead on arrival to the hospital.

Kwekwe Kolocha

Chief Inspector of Police.

PW3

LODWAR CENTRAL POLICE STATION

Statement Sheet

Name: Kiptutu Kosgey

Employment: Hotel Manager

Age: 30 years

Residence: 264, Alibhai Flats, Lodwar County

MPS 26/3/2012 18:05a.m

Declaration: I declare that this statement is true to the best of my knowledge. I am making this
declaration knowing that it can be used as evidence in court. I also know that if the statement is not
true or I have said anything which I do not believe, the severe measures will be taken against me
according to the criminal code.

My Signature: Kiptutu Kosgey

………………………………………………………………………………………………………………………………………………………
……..
Statement: I am the addressee above and this is my statement. I am the hotel manager at Lodwar
Tourist Hotel. I remember that on the morning of 25/3/2012 at about 2:15a.m as I was going about
my duty of checking in guests in our hotel, Mr. Rock Blake, a resident in our hotel walked into the
hotel and came for his hotel room key. He was in the company of a lady. They both looked drank. He
did not come with his friend Mr. Android Bolton. I gave Mr. Blake his room key and they proceeded to
his room. His room was number 225. At around 5:15am scuffles were heard coming from 255,
minutes later an ambulance came to our hotel on checking, it had come to take the lady who was
with Mr. Blake to hospital. She was lying on the floor and seemed unconscious. Mr. Blake is the one
who called for the ambulance. He had a lamp shade in his hand. He was panicking.

I do not know what happened thereafter, I had to attend to other guests in our hotel.

This is my statement.
Kiptutu Kosgey

Signature

P/O Shika Doria confirms to have written the statement of the complainant correctly and faithfully.
Shika Doria, P.O.

SUBFILE “E”
CHARGE &
CAUTIONARY
 STATEMENT

CHARGE AND CAUTIONARY STATEMENTS OF ACCUSED PERSONS

Charge and Cautionary Statement-Mr. Rock Blake

I, Mr. Kwekwe Kolocha, Chief Inspector of police, attached to Lodwar Central Police Station. I am
inquiring into the alleged offence of Manslaughter.

COUNT I

Mr. Rock Blake, on the 26th day of March, 2012 at about 5.00am or thereafter, in Lodwar County,
within Republic of Kenya, unlawfully killed Ms. Naija Sponsee contrary to Section 205 of the Penal
Code CAP 63 Laws of Kenya.

I have reason to believe that you; Mr. Rock Blake is connected with the offence or have information
which can help in investigation.

Do you wish to say anything to answer to the alleged offence?

I caution you that you are not obligated to say anything unless you wish to do so but what you say will
be taken down in writing and may be given in evidence.

ACCUSED’S PLAIN STATEMENT

STATE AS FOLLOWS

I am the above named person.

I remember the events of 25 March 2012 at about 8pm, where I and Mr. Bolton decided to explore
the night life of Lodwar County by visiting Dance Hour discotheque. We sat at a table for a drink. After
a couple of minutes, we were soon joined by a lady called Ms. Naija Nairu who had come to the
discotheque unaccompanied.

After exchanging pleasantries, the three of us shared the table and drinks for a while. At about 2am, I
and Ms Nairu left for hotel room number 225, leaving behind Mr. Bolton.

While I was asleep, Ms Nairu picked out of her handbag a needle, syringe and a bottle of
Methalinisitics, a drug known to stupefy persons upon injection. As soon as the drug was drawn into
the syringe, ready to inject me, I shot out of bed and held back Ms. Nairu’s hand. In the ensuing
struggle, I was forced to hit Ms. Nairu using a lamp shade stand. The lamp shade stand hit Ms. Nairu
on the forehead causing her to collapse. In panic, I called for an ambulance which arrived in 30
minutes and took Ms Nairu to hospital. She was proclaimed dead on arrival.

The Chief Inspector of Police Kwekwe Kolocha arrested me and took me to Lodwar Central Police
Station. I have never robbed.

That’s all I wish to state.

Signed by me having confirmed:

This statement was read to me and I was given an opportunity to make any corrections. I verify that it
is true and correct to the best of my recollection and that I make it under my free will.

Signed by: Chief Inspector Kwekwe Kolocha

SUBFILE “F”
INVESTIGATION DIARY
 F-01

6.30 am
OB 55/26/03/2012
OUT ON INQUIRIES
Chief Inspector Kwekwe Kolocha on patrol receives a radio call to go to Lodwar
Tourist Hotel to respond to a distress call from a member of the public. On
arrival he took custody of Mr. Blake to Lodwar Central police stations where he
recorded a statement from the accused.
OB signed by P. C. J. Mwangi.

7.30 a.m
26/03/2012
STATEMENT RECORDING
The OCS central police assign the case to chief Inspector Kwekwe to investigate.
He takes a statement from the suspect Mr. Rock Blake.
8.30 a.m

27/03/2012
Chief Inspector Kwekwe Kolocha proceed to dance hour discotheque and record
a statement from the waiter who served the accused on the material day. She
was introduced as Maria Jacobs and he took down her statement.
10.30 am
Chief Inspector Kwekwe Kolocha also went down to Lodwar Tourist Hotel along
the same street where he interviewed the manager Ms Jane Kioko.

1.30 pm
27/03/2012
Arrest made; Chief Inspector Kwekwe Kolocha proceeded to Lodwar Tourist
Hotel where Mr. Rock Blake is interviewed by the officer. The accused was
arrested and at the station recorded a statement under instruction of Chief
Inspector Kwekwe Kolocha.

SUBFILE “G”
CHARGE SHEET
 POLICE 5 THE KENYA POLICE
CHARGE SHEET
O.B NO. 55/26/03/2012
POLICE CASE NO: 15/10/06/2012
DATE TO COURT: 27/03/2012
COURT FILE NO: 12/2012

CHRISTIAN SIRNAME OR IDENTITY SEX NATIONALITY AGE ADDRESS

NAMES IN FULL FATHER’S
OR NAMES NAME

1. Mr. Rock Blake

//////// MALE JAMAICAN ADULT N/A

CHARGE Manslaughter contrary to Section 205 of the Penal Code Cap. 63

PARTICULARS OF Mr. Rock Blake on the 25th day of March 2012 at about 8pm or thereabout, in Lodwar
OFFENCE County, within the Republic of Kenya, unlawfully killed Ms. Nairu

If accused arrested Date of With/ Date App to Bond or Is

arrest without Court Application
Bail and amount
warrant for Summon
to Issue

YES 26/03/2012 W/O IN CUSTODY N/A

Remanded or Adjourned

Complainant and address REPUBLIC THROUGH THE DIRECTOR OF PUBLIC PROSECUTIONS

Witnesses

1. Mr. Kiptutu Kosgey

2. Chief Inspector
Kwekwe Kolocha

Sentence Court and Date

High Court Garissa……….…If fine Paid……….

Shika Doria P.O

……..………………………………………..
For Officer in Charge Lowdar Central Police Station
SUBFILE “H”
ACCUSED PERSONS
ACUSSED’S BELONGINGS
LIST OF WITNESSES
LIST OF EXHIBITS
ACCUSED PERSON

Mr. Rock Blake

LIST OF ACCUSED’S PERSONAL BELONGINGS

NAME OF THE ACCUSSED EFFECTS

Mr. Rock Blake - US$ 6,000 /=

- HP 2000 laptop
- Cannon EOS6ODA camera

LIST OF WITNESSES.
No. NAME ADDRESS
ID NO. P38612587A
1.
C.I.O. KWEKWE KOLOCHA
C.I.O. KWEKWE
KOLOCHA LODWAR CENTRAL POLICE STATION
BOX 242-00100 LODWAR

2. DR. JOHANSEN GOVERNMENT CHEMIST

ODUOL P.O Box 1458-00100 NAIROBI
 3. KIPTUTU KOSGEY HOTEL MANAGER, LODWAR TOURIST
HOTEL
264, ALIBHAI FLATS, LODWAR COUNTY, P.O BOX
221-00100

LIST OF EXHIBITS

NO. ITEM
1. Lamp shade stand
2. the US Dollar notes 6000
3. HP 2000 laptop
4. Canon EOS60DA camera
5. Pink handbag
6. Syringe with Methalinisitics drug
7. Bottle with Methalinisitics drug

SUBFILE “I”
COVERING
REPORT
COVERING REPORT

My name is Mr. Kwekwe Kolocha the Officer in charge of Investigations at Lodwar Central Police
Station. On 26th March 2012, Mr. Blake was arrested and charged with the murder of Ms. Naija Nairu.

As I was carrying out the investigations, I found out that on the 24 th of March 2012, Mr. Blake and his
personal assistant Mr. Android Bolton visited Lodwar County and stayed in Lodwar Tourist Hotel. On
the following evening at about 8pm, they went to Dance Hour discotheque for a visit and a drink.
They were soon joined by a lady called Ms. Naija Nairu who was there unaccompanied. The three
shared the table and drinks for a while and at about 2am, Mr. Blake and Ms Nairu left for Mr. Blake’s
hotel room number 225, leaving behind Mr. Bolton.

On entering the room, Ms. Nairu noted a bundle of dollars, estimated at US$ 6,000/= on the table, a
lap top and camera and plotted to take all of the items. She and Mr. Blake went to asleep. At about
5.00 am, Ms Nairu picked out of her handbag a needle, syringe and a bottle of Methalinisitics and
tried to inject Mr. Blake. He however shot out of bed and held back Ms. Nairu’s hand. In the struggle,
Mr. Blake hit Ms. Nairu using a lamp shade stand on the forehead causing her to collapse. In panic,
Mr. Blake called for an ambulance which arrived in 30 minutes and took Ms Nairu to hospital. She was
proclaimed dead on arrival.

There is a witness statement from Mr. Kiptutu Kosgey, the hotel manager Lodwar Tourist Hotel and by
me, also the arresting officer. The exhibits in the case are; the lamp shade stand, the US Dollar notes
6,000 in total, a HP 2000 laptop, a Cannon EOS6ODA camera, a pink handbag, syringe with
Methalinistics drug and a bottle with Methalinisitics drug.

SUBFILE “J”
CORRESPONDENCE
 Tolony Tolony
County Chief Legal officer
Lodwar Cental Police Station

26th March, 2012

Director of Public Prosecutions

Dear Sir,
RE: MANSLAUGHTER –IN LODWAR TOURIST HOTEL
Mr. Rock Blake, a Jamaican national visiting Lodwar County was arrested on 26 th march,
2012 as a result of the death of Ms. Nairu Sponsee, in his hotel room. The following items
were recovered from his hotel room and will be presented as evidence of the crime during the
trial: U.S. dollars notes totalling $ 6,000, a handbag, a needle, syringe, a bottle of
Methalinisitics, and a lamp shade stand.
Other forensic tests are being carried out, and we need nore time to complete investigations
and receive the test results.

Yours faithfully

Tolony Tolony

Tolony Tolony
County Chief Legal officer
Lodwar Cental Police Station

10th April, 2012

Director of Public Prosecutions

Dear Sir,

RE: MANSLAUGHTER –IN LODWAR TOURIST HOTEL

This is to confirm that investigations have been completed on the above case.

I hereby forward the Prosecution file for your review and further action.
Kindly advice on the next course of action.

Yours faithfully
Tolony Tolony