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Why court acquitted Ng’ang’a of an offence where someone died

By Kethi Kilonzo | Published Sun, June 10th 2018 at 00:00, Updated June 9th 2018 at 18:43 GMT +3
Apostle Ng’ang’a

Who was driving the Range Rover that collided with the Nissan driven by Mercy Njeri on July 26 2015? Apostle Ng’ang’a was charged with the offence, but was acquitted by the court. Simon Maina Kuria was charged with falsely claiming that he was driving the Range Rover. He was also acquitted of this charge. 

The court’s decision acquitting Apostle Ng’ang’a and his three co-accused did not determine who the driver of the Range Rover was. Once the court found that Apostle Ng’ang’a was not the driver it stopped and acquitted him and everyone else charged with him. 

According to the evidence of one of the three eye witnesses on the day of the accident, he saw the Range Rover overtaking the matatu that he was driving.

The Range Rover had its lights on and was travelling at high speed. There was a person seated at the back of the car who had his hand outside the window.

WRONG SIDE OF ROAD

On his hand was what appeared to be a police radio. He was waving off oncoming cars to give way. This later turned out to be a police inspector.

The police inspector, Christopher Nzilu Nzioka, went to the police station on the same day of the accident. He informed the police that he was in the Range Rover.

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Simon Maina Kuria presented himself at the police station the next day. He informed the police that he was the driver of the Range Rover that killed Mercy Njeri. When he went to the police station he was in the company of the police inspector.

Why was a police inspector controlling traffic for a vehicle being driven at speed on the wrong side of the road?  

Why did the police inspector and the driver leave the scene so soon after the accident?

The prosecution produced a witness from Safaricom who used the call data from the cell phones of Apostle Ng’ang’a, Simon Maina Kuria and Christopher Nzilu Nzioka to show where their phones were located on the day of the accident. 

On July 26 2015 Simon Maina Kuria’s cell phone was located Naivasha/Delamere at 10:20am, Naivasha/Karai at 4:33pm, Susian Hill at 5:32pm, Bibirioni at 5:57pm, Rironi Central Area at 6:23pm, Muguga between 6:26pm and 6:29pm and Tigoni/Brackenhurst at 8:09pm. At 10:46pm it was within Banda.   According to the evidence of the investigation officer his call data shows that he was not at the scene of the accident when it happened.

One of the three numbers of Apostle Ng’ang’a was at Naivasha/Karai at 4:56pm.  At 6:34 it was at Tigoni/Muguga.  At 6:37pm at Sigona. At 7:06pm it was in the Bomas area, at10:02pm within Hardy Estate and 10:45 within Banda where it stayed until the next morning.

The number of Christopher Nzilu Nzioka, the police inspector, was on July 26 2015 at Naivasha/Karai at 4:22pm, at Bibirioni at 5:55pm, at Limuru at 6:00pm. Between 6:12pm and 6:36pm it was within Rironi Central.

At 6:26pm it was around Nderi. Between 6:31pm and 6:36pm it was between Muguga and Ngecha. At 6:37 it was active in Limuru, between 6:39pm and 6:43pm it was at Kamirithu, and between 6:54pm and 7:08pm it was active in Limuru. 

At 9:15pm it was active in Brackenhurst. Between 9:19pm and 9:23pm in Limuru, 9:30pm in Rironi Central, Sigona at 9:35pm, Bomas between 10:44pm and 11:02pm, Karen Hospital July 27 2015.

NUMBERS ACTIVE

The three numbers were active in Naivasha/Karai between 4:22pm and 4:56pm. There were also active in Muguga between 6:21pm and 6:36pm. Later on they were active in the Banda area.

The investigation officer informed the court that the three were discussing the accident.

The court, like the evidence of the eye witnesses, was not persuaded by the communication data, including the text messages produced by the prosecution.

 

 

The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of Standardmedia.co.ke


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