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Man jailed for five years for causing death of boy by dangerous driving

By Julius Chepkwony | April 29th 2021

Meshack Kipkoech Kosgei at Eldama Ravine law court on February 26, 2018. [Kipsang Joseph, Standard]

A man charged with causing the death of a boy through dangerous driving has been sentenced to five years in jail.

Meshack Kipkoech Kosgei was found guilty of causing the death of six-year-old Birion Kinda on December 25, 2017, on Nakuru-Mogotio Road.

While sentencing the accused, Eldama Ravine Senior Principal Magistrate John Tamar noted that Kipkoech had previously caused death by dangerous driving

“Consequently and noting that the accused had previous records of causing death by dangerous driving, I sentence the accused to five years imprisonment,” stated the magistrate in his judgement.

“In addition and pursuant to Section 76(1) (a) of the Traffic Act part VIII, I cancel his driving licence and declare him disqualified from obtaining another one for a period of 10 years,” stated the court.

The court noted that Kipkoech was charged in Traffic case No 1466/ 2008 with the offence of causing death by dangerous driving resulting in the death of a police officer. He was convicted and fined Sh20,000 and in default 12 months in jail.

On the day of the accident, Kipkoech, in a span of 10 minutes between 11.40am and 11.50am, had caused two accidents.

Kipkoech, according to the charge sheet, on December 25, 2017 around 11.40am on the Nakuru-Mogotio Road in Rongai, drove recklessly in a manner dangerous to other road users. He hit the boy while he was crossing the road.

He also faced a charge of careless driving that caused Richard Komen, a motorcyclist, to sustain injuries on his right leg.

Kinda, the six-year-old, passed on four days after the accident. The minor had been buried without a postmortem since the family knew the cause of his death and had agreed there was no need for an autopsy.

The State, on realising that the body had been interred without a postmortem, moved to court for exhumation orders. The orders were allowed and a subsequent postmortem conducted at the grave site.

Dr Titus Ngulungu, a government pathologist after an autopsy, said the minor’s body had bruises and bleeding below the skin. He also noted that the body on dissection had bruises on the left side of the chest and the lungs were congested and filled with blood due to injuries. The body also had injuries on the head and extensive brain bleeding.

Kinda, on the said date, had gone to pick a pair of shoes his mother had bought. He was in the company of his elder sister, Elser Atieno.

Elser who testified in court, said her brother was the first to cross the road but he did not manage as he was hit. She said she asked the driver of the vehicle to help her injured brother to get to hospital. It is while on their way that the driver hit a motorcycle rider.

Komen, 45, told the court he had done some shopping at Mogotio Town and was headed home to celebrate Christmas with his family. While on his way home, he saw a motor vehicle, a Toyota Prado with the headlights on. He said the vehicle was hooting and speeding.

He said the vehicle swerved and hit him.

Kipkoech, in his defence, admitted to being the driver of the motor vehicle on the material date, his involvement in the accident was also not disputed.

He pleaded with the court for leniency but the prosecution opposed noting Kipkoech had previous convictions of similar offences.

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