Driver of killer matatu finally charged

Sammy Murigi Maina before Milimani Law Courts in Nairobi on September 17, 2026. [David Gichuru, Standard]

Emotions ran high as the driver of a killer matatu that was operating along Komarock, Nairobi County, was charged with causing death by dangerous driving.

Sammy Murigi was charged with three counts of causing the death of Charles Wahome, Tamia Kalekye and Edwin Kago.

He was separately charged with careless driving and driving an unroadworthy vehicle.

Maina, who appeared in court in crutches three months after the accident happened, denied the charges.

As he pleaded, tears freely flowed from Kago’s mother’s eyes. It was the first time she saw the 31-year-old since the accident happened in June 2026.

The Director of Public Prosecution (DPP) urged Milimani Court Magistrate Paul Mutai to deny Maina cash bail, arguing that he is a flight risk as he had allegedly gone into hiding.

Prosecution Counsel Kelvin Nyaga added that it was clear that Murigi needed to be remanded as there were active warrant of arrest against him for failing to show up.

The victims’ lawyer, Sammy Waweru, backed the DPP’s application, saying that Maina was allegedly nabbed at Malindi, while at other times, he was allegedly seen in Machakos and  Komarocks.

“The accused person is a flight risk. He has no known place of abode,” argued Waweru, adding that there was a likelihood of witness interference as the deceased and those injured were passengers in the vehicle.

In reply, Murigi claimed that he was injured and needed treatment. He told the court that he was unaware of the criminal case against him and had allegedly surrendered to the Investigating Officer when he learnt of the charges from the media.

He alleged that he was putting up with his uncle’s place in Zimmerman and his mother lived at Kayole Junction.

In a further response, the DPP argued that there was a valid concern on where Murigi lives as Malindi, Machakos, Zimmerman and Kayole Junction had been cited.

Murigi is facing three counts of causing death by dangerous driving, contrary to Section 46 of the Traffic Act, Cap 403.

He is accused of causing the death of Wahome, Tamia and Kago.

According to the charge sheet, Murigi allegedly drove the Isuzu minibus KDU 887C, operated by Risen Sacco, in a thoughtless manner such that he lost control while negotiating the Enterprise Road roundabout, opposite Kenya Commercial Bank.

“On the 3rd day of June,2026 at about 2000 hrs along Enterprise Road opposite KCB Bank within Nairobi county, being the driver of motor vehicle KDU 887C Isuzu minibus C/O Risen Sacco did drive the said motor vehicle on the said road recklessly in a manner which was dangerous to other road users having regards to the circumstances of the case, including the nature, condition and use of the road at the time, in that you lost control of the said motor vehicle while negotiating the roundabout and hit the curb and due to the impact the motor vehicle flipped and landed across the road thereby causing death to one Charles Wahome who was the passenger and dies on the spot,” the charge sheet reads in part.

Murigi also faces a separate count of driving a vehicle on a public road without due care and attention, contrary to Section 49 (1) of the Traffic Act.

He is accused of carelessly driving the matatu while taking the roundabout such that it hit a curb and overturned. Out of this, the count continues, Eugine

Ongundi and Dominic Mulwa were injured.

“ On the 3rd day of June,2026 at about 2000 hrs along Enterprise Road opposite KCB Bank within Nairobi County, being the driver of motor vehicle KDU 887C Isuzu minibus C/O Risen Sacco did drive the said motor vehicle on the said road carelessly in a manner that, did drive the said motor vehicle without due care an attention in that you lost control of the said motor vehicle while negotiating the roundabout and hit the curb and due to the impact the motor vehicle flipped and land cross the road thereby occasioning bodily harm,” the charge sheet continues to read.

The other count relates to driving an unroadworthy vehicle. The charge puts a spotlight on the nganya culture where matatu owners tint all windows and install television screens,and loud music inside the vehicles, and the National Transport and Safety Authority (NTSA) and traffic police officers who allow the matatus to operate while knowing that they are a danger to passengers.

Murigi is accused of driving the vehicle while knowing that some parts did not comply with the Traffic Act.

The charge sheet indicated that the matatu named “D’état” had defects that included emergency exit that was obstructed with reflective materials, several passengers head room space was compromised by the multimedia screens fitted at the sides; rear passenger seats raised and speakers¬ fitted, four Power inverters fitted inside the driver’s cabin side, which were un secured, all passengers windows had tinted dark glasses with reflective material.

Further, it indicated that the driver's open view of the road was obscured by a modified dashboard.

The case magistrate ordered for a pre-bail report before giving a ruling next week on Thursday.