Echoes of Mtongwe ferry tragedy: Survivors' three decades quest for justice

Survivors of the biggest marine accident in Kenyan history that claimed 272 lives tell horrifying tales of struggles, abandonment and delayed compensation 31 years down the line.

The families of those who perished in the Mtongwe ferry accident on April 29, 1994, in the waters of the Indian Ocean reveal that they were compensated with as little as Sh17,000 for the loss of their loved ones.

They claim lawyers had a field day and took the lion's share of the money and released peanuts to the families who had waited for years for their cases to be concluded. Meanwhile, most survivors are yet to get even a penny after a private doctor who examined them vanished from the country with their medical records, dealing a blow to their claims.

A survivor, Ramadhan Juma Mwadzengo, 55, stated that his efforts to be compensated for his injuries had hit a snag after the private doctor who examined him secretly left the country with his documents.

Mwadzengo, who is a barber in Mtongwe town, is still nursing a swollen left cheek. He said he has been pursuing his case for compensation, but it has stalled because of a lack of the medical documents.

"I was hit by the sinking ferry and sustained an injury in the cheek. But it has been a struggle getting compensation since that time. I have moved back and forth without success," said Mwadzengo, also a diver who participated in rescuing other passengers during the disaster.

The father of three was going to work as a casual labourer on board a ship at Mbaraki Wharf on Mombasa Island when the ferry capsized following heavy waves and overloading.

Veteran diver Peter Ochola Okello said he was also injured in the ill-fated ferry which claimed his sister, Mary Abwoga, and cousin, Tom.

According to Okello, 64, the family has received only Sh17,000 as compensation for the loss of Tom, while they are yet to receive pay for Abwoga's death.

Private doctor

He noted that several people who were listed as next of kin have since died, while some people had to change lawyers over the years following frustrations.

"We got only Sh17,000 from the lawyer as compensation for Tom, who had just completed secondary school in Budalang'i. Most of the families got peanuts from the lawyers after the conclusion of cases," he explained.

He said families of those who perished and the survivors felt they had been abandoned and were leading lives of struggle.

They are organising a demonstration in Mtongwe to put pressure on the government to compensate them.

Ferry officials have confirmed that the disappearance of the private doctor with the medical records has delayed the compensation of survivors. However, the officials indicated most cases of those who perished have been concluded.

According to the ferry service that was recently placed under Kenya Ports Authority (KPA), there are 190 cases of injury.

In a recent interview, ferry services general manager Bakari Gowa said those injured in the ferry accident had run into legal challenges because of the lack of medical records.

"Out of the 190 cases of injury, 171 were filed, but most of them have stalled because of lack of medical reports on victims," Gowa had explained.

By the end of 2015, only three cases of injuries had been concluded, and a total of Sh800,000 paid out as the rest of the cases stalled.

He said external lawyers for Kenya Ferry Services were handling the matter but added that they were encountering difficulties because of the lack of medical reports.

"We have only concluded three cases and paid a total of Sh800,000 because most victims have problems with medical documents," a legal officer, Elijah Kitur, had explained.

But the government had compensated 253 families out of the total 271 people who died in the Mtongwe ferry accident. Kitur stated that Sh78 million had been paid out to compensate the families of the dead.

Okello and Mwadzengo told horrifying stories of how they rescued many people at the verge of drowning on the fateful morning.

According to the two, private divers who were on board the ferry were the first ones to respond to the distress calls from the passengers long before Kenya Navy divers arrived at the Mtongwe channel.

He observed that Mtongwe village has many good swimmers, and that helped save lives during the country's worst marine disaster.

The divers explained how they rushed to the coxswain's cabin and pulled out the captain, Mwinyi Mwachinyezi, who was in a state of panic before he could swim to safety.

"We saved the coxswain, who could have sunk in his cabin, and he managed to swim to safety. He was in a state of confusion after the vessel listed and began to go down," explained Mwadzengo.

Mwadzengo also explained how they rescued a pregnant woman who had developed labour pain as the ferry sank and handed her over to Kenya Navy doctors.

"When we were pulling her out of the water, we thought her intestines had come out, but we later realised she was giving birth following the distress. We rushed her to the navy doctors, but she unfortunately died after giving birth. We could not ascertain whether the baby survived or not," Mwadzengo stated.

Okello, who works as a diver and ship contractor in Mombasa County, recalled how he managed to rescue about 20 people who could not swim to safety. Some of those whom he assisted later visited to thank him for saving their lives.

"When the ferry was sinking, I took charge and asked a team of divers on board to swing into action. Passengers were in panic, and some were holding a grip on others, making the rescue mission difficult. I managed to save 20 people, and some came to thank me for saving them," he explained.

Okello, who was born and raised in Mtongwe, noted that the ferry was overloaded and started listing after a second wave caused by a pilot boat from the port of Mombasa that had sailed along the channel.

"The ferry sailed off while overloaded and began listing after making a U-turn amid two strong waves that were caused by a passing pilot boat. Most passengers on the lower deck perished," he explained.

Okello currently heads a group of 30 divers at Mtongwe who respond to distress calls at sea within Mombasa.

Male Ali Salim, a survivor, observed that his swimming skills saved him. He swam to safety without being assisted, changed his clothes and proceeded to work on Mombasa Island through the Likoni ferry route.

"I was not injured that day, and I did not even bother seeking compensation," Salim, 59, said.

Maritime analyst Andrew Mwangura noted that 30 years of waiting was a long time and appealed to the government to intervene and conclude the compensation process.

"The government should intervene, but it now appears the survivors have been neglected and are suffering.

''The accident involved a government ferry, and the families should not be abandoned," he noted.

Mwangura noted that the ferry was initially a pilot boat with a capacity to carry about 100 passengers. Reports indicated that the ferry had 400 passengers loaded with more than double its capacity during the accident.