Driver ac­cused in stu­dent’s death to go on trial after court re­jects ‘de­lay­ing tac­tic’

The Star (Kenya) - - Politics -

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.

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