Why court found Pastor Ng’ang’a innocent

By David Odongo | 5yrs ago | 3 min read

Kenyans online were shocked after Limuru Chief Magistrate acquitted flamboyant televangelist James Ng’ang’a who was charged with causing the death of a woman by dangerous driving in 2015.

The televangelist was charged with dangerous driving after his car crashed head-on with a Nissan March on July 26, 2015 at Manguo area in Limuru, killing Mercy Njeri, who was a passenger in the Nissan.

Ng’ang’a was acquitted after Chief Magistrate Godfrey Oduor ruled that the evidence from prosecution’s witnesses had discrepancies.

“What Kenyans don’t understand is that a magistrate or a judge cannot wake up, read things on Twitter, no matter how true, and make a ruling based on the same. I have read the entire judgement. There was no way Oduor could have jailed Ng’ang’a, yet there was no evidence placed before him, no evidence at all, that Ng’ang’a was the one driving the vehicle,” says lawyer Cliff Ombeta who acted for Ng’ang’a before they disagreed over his legal fee.

Chief Magistrate Godfrey Oduor, who has since been transferred to Nakuru, said the prosecution witnesses, presented to the court by the police, failed to place Mr Ng’ang’a at the scene of the accident, and therefore it could not be proved that he was driving the Range Rover when the crash happened.

“When Ng’ang’a was taken to court the first time, they wanted a sample of his blood to compare with blood stains found in the car. That was the only way they could have proven Ng’ang’a was the driver.

There is no single witness who saw Ng’ang’a driving the car, only blood samples would have proven he was sitting in the driver’s seat when the accident happened. As Ng’ang’a’s lawyer, I refused to let the prosecution do that because I felt they were up to some mischief, and the magistrate then, who wasn’t even Oduor, granted our request. That’s when I knew Ng’ang’a was going to win the case,” says Ombeta.

Investigators wanted to use the blood samples for DNA tests in relation to the fatal accident, but the court declined to order him to do so, saying this would compromise the court’s neutrality.

Ombeta, one of the most successful criminal lawyers in the country, later pulled out of the case for safety reasons, telling the court that his Mercedes Benz car had been damaged by unknown people.

Ombeta says the prosecution could not even produce one witness to put Ng’ang’a in the driver’s seat of the killer Range Rover.

“Sometimes people don’t understand the law. If indeed Ng’ang’a was the driver, the prosecution would have proven that, but with lack of proof, Oduor can’t jail Ng’ang’a,” adds Ombeta.