School head acquitted of pedestrian death

A school head who was accused of causing a hit-and-run accident that resulted in the death of a pedestrian has been acquitted by a Nyeri court.

Joseph Kiraithe, the head teacher of Nyamachaki Primary School is now a free man thanks to the insufficient evidence provided by the prosecution.

The court heard that Kiraithe, while driving dangerously, knocked down and killed Stephen Kimotho on the night of January 12, 2013 along Nyeri-Nyahururu road.

But Kiraithe denied driving carelessly saying the deceased was hit when he suddenly jumped on to the road.

"It was a foggy and dark night. The deceased suddenly appeared on the road and it was too late to avoid him. I was driving within the legal limit," he said.

Asked why he did not stop or report the accident to the police, Kiraithe said there were many people flashing torches and he was in shock.

"I reported the matter to Nyeri base commander three days later after overcoming the shock," he testified.

Was sober

Ibrahim Gitungi, a witness who was with the deceased hours before the accident, said the deceased used to take alcohol but was sober on the material night.

In the post-mortem report, pathologist Raphael Obiero indicated no toxicology test was conducted.

"The toxicology test could have assisted the court arrive at a fair judgment as it would have established whether the deceased was drunk or not," said Obiero.

The investigating officer, Corporal John Munguti, told Nyeri Senior Resident Magistrate, Joane Wambilyanga that he received an anonymous call reporting the hit-and-run accident.

"I proceeded to the scene and found a dead body in the middle of the road having been run over by several motor vehicles," he said.

Contacted insurance

The officer found an insurance sticker of the vehicle on the scene and contacted the insurance company to establish the vehicle's owner.

Through his lawyer, Kiraithe challenged the prosecution to prove whether the deceased died on the spot or as a result of being ran over by many vehicles.

In her ruling, Ms Wambilyanga lamented failure by the prosecution to produce in court the person who reported the accident, the insurance company contact and the base commander who could have corroborated the investigating officer's evidence.