Driver accused in student’s death to go on trial after court rejects ‘delaying tactic’
A driver who allegedly hit and killed a university student as he tried to avoid an alcoblow test on the Thika Superhighway has lost a bid to block his prosecution.
Yesterday, city magistrate Elector Riany said the trial of Job Nyongesa will proceed to full hearing.
Nyongesa is accused of causing the death of 21-year-old Brian Kiambati on January 30.
The prosecution says he drove on the wrong side of the road and rammed into another car in which Kiambati was travelling. The motorist had objected to his trial on grounds the charge sheet was defective. Nyongesa is out on Sh100,000 bail.
Through lawyer John Khaminiwa, he had argued that the charge sheet presented by the prosecution had used his Christian name, which is unlawful since the state has no religion.
Prosecutor Mary Nganga objected, saying it was just a delaying tactic.
Nganga had told the court the charge sheet was proper before the court and it had all the constitutional requirements.