A court has dismissed an appeal by a man sentenced to serve five years in jail for causing the death of a child through dangerous driving.
Meshack Kosgei was found guilty of hitting and killing Biron Kipkemoi on December 25, 2017. He also hit a motorcyclist, Richard Komen, and left him with serious leg injuries.
Last week, the High Court in Kabarnet, Nakuru County, ruled that the evidence against Kosgei was tight even as it dismissed his appeal.
Kosgei had been handed the sentence by Eldama Ravine Senior Principal Magistrate John Tamar in 2020.
The fatal accident occurred along Nakuru-Mogotio road in Rongai Sub-County when the appellant was driving a Toyota Prado, allegedly under the influence of alcohol, according to court documents.
The prosecution's case was that the boy was crossing the road when the accident occurred.
The magistrate sentenced Kosgei to serve five-year imprisonment and fined him Sh60, 000 for the second count.
He was acquitted of the charge of driving under the influence of alcohol after the prosecution failed to prove it.
However, Kosgei filed an appeal before Justice Teresia Matheka, claiming the trial court misdirected itself on the applicable law, requesting the court to quash the conviction and set him free.
"The fact remained that the charge was driving without due care and attention and that he failed to consider the other road users and, as a result, he caused an accident involving Komen and his motorcycle," ruled the court.
Matheka observed that all the witnesses testified that Kipkemoi died as a result of the accident, with the postmortem report supporting it.
She noted that the accident occurred during the day with clear visibility.
The appellant had informed the court that he slowed down at the bumps, but suddenly Kipkemoi jumped into the road.
The prosecution indicated that he was speeding and lost control of the vehicle, which went off the road and hit the child.
"If he was driving slowly and had slowed down at the bumps, the presumption is that he would have been able to control the vehicle and would have not caused the accident," the judge observed.
Judge Matheka took into account the pathologist's testimony, which indicated that the injuries sustained by the boy were serious and little would have been done to save his life.
The judge considered the earlier incidents where the appellant was involved in two accidents within minutes, noting that he was not in total control of himself.
"It is my considered view that the learned trial magistrate considered all the evidence and arrived at the correct decision," the judge ruled.
The court found the appeal without merit and dismissed it.
The appellant has the right to appeal within 14 days.
