Case interrupted as magistrate orders officer to wear tie

Corporal David Murabula when he testified before Senior Resident Magistrate Martha Nanzushi on Tuesday, February 22, 2022. [Collins Kweyu, Standard]

A case in which a matatu driver has been charged with obstruction and driving without due care leading to the death of one person was delayed for one hour as a traffic officer who had come to testify looked for a necktie.

Kennedy Wainaina is accused of parking his bus at an undesignated place along Thika Road near Githurai 45, causing an accident which killed Everesto Mwaura, also a matatu driver, on May 1 last year.

Milimani Court Senior Resident Magistrate Martha Nanzushi ordered that Corporal David Murabula, a traffic officer based at Kasarani Police Station, Nairobi, must wear a necktie before testifying in the case.

Ms Nanzushi did not allow the officer to start testifying after realising he was not in a tie and ordered him to step down and go out to look for one.

“Officer, you have been attending my court on many occasions and you know very well that as an officer, you must put on well including wearing a tie. Look for a judicial officer to give you a tie then come present your evidence while smart as a government officer,” said Nanzushi.

And for one hour, the magistrate then allowed other cases to go on as Murabula looked for a tie. The officer returned an hour later and gave his evidence.

The bus had been packed at Claycity to pick passengers when the matatu rammed it.

Murabula said Mwaura was pronounced dead on arrival at the Kenyatta National Hospital, Nairobi.

Another passenger, who was taken to KNH alongside Mwaura, was treated and discharged. Other passengers, according to Murabula, were treated at a local hospital and discharged.

The matter would be reported to the police the following day. Wainaina was arrested on May 4 of the same year and charged with the offense of obstruction and driving without due care and attention that caused the death of Mwaura.

He faced a second charge of careless driving that caused several people to get injured. He was released on a bond of Sh500,000.

Murabula told the court he had served in the area for three years and was well versed with the traffic operations along the highway, between Kasarani and Thika. The case will resume on March 8 when other witnesses, including the motor vehicles inspector and a doctor, will testify.