This archive report was first published on 22 April 2020.
On April 27, 2012, a devastating accident occurred on the Thika Super Highway, claiming the lives of seven people who had just alighted from a matatu.
The driver of the lorry, David Kimani Njuguna, was arrested and charged with seven counts of causing death through dangerous driving.
After serving about eight years in jail, Njuguna moved to the High Court seeking to have the sentence imposed on him reviewed.
Justice Luka Kimaru ruled that the Magistrate court erred when it convicted Njuguna to sentences that were to run consecutively for each of the seven victims.
The judge set aside the fines imposed by the trial court and substituted it with one of Sh200,000, ruling that the sentences should have run concurrently and not consecutively.
Considering that Njuguna had already deposited Sh200,000 to the trial court as cash bail, the judge said the monies count as having settled his fine as set by the High Court.
As a result, Njuguna was released from prison and set at liberty forthwith.
On the day of the accident, Njuguna was driving an Isuzu lorry registration number KAA 273P in a manner that was dangerous to the pedestrians as well as other road users, at 7.30am along Thika Super High Way near Clay Works.
He ran over seven pedestrians who had just alighted from a matatu, sadly none of them survived.
Justice Kimaru stated, "The court is of the view that the fines imposed were indeed harsh and excessive taking into account that it was one accident that led to the death of the deceased persons, the applicant is therefore ordered released from prison and set at liberty forthwith,"
