The Director of Public Prosecutions Keriako Tobiko has directed that pastor James Ng’ang’a of Neno Evangelism be charged with at least four charges including causing death by dangerous driving.
Further, Ng’ang’a will be charged with giving false information to a person employed in the Public Service, failing to report an accident as per the law and conspiracy to defeat justice.
Tobiko also ordered that two senior police officers based at Tigoni police station and police airwing Patrick Baya and Christopher Nzilu Nzioka respectively, be charged with conspiracy to defeat justice alongside Ng’ang’a and Simon Kuria.
The DPP gave the directions following investigations and recommendations by police into an accident in which Ms Mercy Njeri, 38 died while her husband Martin Mbugua Ndung’u survived with injuries on July 26 at Manguo area in Limuru.
Police recommended that Ndung’u be charged with permitting a person to drive a motor vehicle on the road without a valid provisional licence and giving false information.
Kuria who presented himself as the driver of the Range Rover that caused the accident a day after it had happened will be charged with giving false information while Nzioka and Baya will get further charges of neglect of official duty contrary to the Penal Code.
“The suspects directed to be charged are and each of them is presumed innocent and entitled to a fair trial. As such it would be inappropriate for me to comment on the matter further,” said the DPP.
The Witness Protection Agency has been enjoined in the case after it emerged some witnesses feared to record their statements
The file on Ng’ang’a was taken to the DPP on August 10 but after some gaps were identified he formed a team compromising of police, prosecutors and those from WPA.
Police heard from witnesses that the pastor was the one driving the Range Rover and he was seen getting out of the vehicle after the accident at about 5 pm.
The couple was travelling in a Nissan March, which collided with a Range Rover.
The report on the accident was compiled after police boss Joseph Boinnet ordered a fresh probe into the accident after public outcry that there was a plot to defeat justice.
The file also recommends that disciplinary action be taken against at least six police officers who attended to the scene.
A team of senior police officers led by traffic commandant Charlton Muriithi investigated the July 26 incident. Nganga has always denied the claims he was the driver of the vehicle.
More than people were questioned by the team, including eight officers, government pathologist Peter Ndegwa, a motor vehicle inspector, Mr B.K Cheruiyot, Mr Edwin Gachura Wagacha of Edwag Auto Mobile, and Mr Francis Ng’ang’a Mundia of Valley Road Motors.
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Kuria showed up a day after the accident and presented himself as the man who was behind the wheel at the time of the accident.
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