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Kenya: Driver Who Killed Seven on Thika Road Freed After 8 Years in Jail

Published

5 years ago

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Eight years ago, seven passengers had just alighted from a matatu at a stage along the Thika Super Highway.

As expected, the seven were to go about their duties, but this was not to be.

In the twinkling of an eye, a lorry ran over them, sending them to an untimely death.

The driver of the lorry has served a jail term of about eight years already but the High Court has now set him free, sparing him the remaining six.

In his decision, Justice Luka Kimaru ruled that a Magistrate court erred when it convicted Mr David Kimani Njuguna to sentences that were to run consecutively for each of the seven victims.

The trial court sentenced him to serve two years in prison, which would total to 14 or alternatively pay a fine of Sh100,000 for each of the seven counts of the said offences for all the victims of the fatal April 27, 2012 accident.

But according to Justice Kimaru, the fines imposed were harsh and excessive owing to the fact that it was one accident that led to the death of the seven people.

The judge therefore set aside the fines that were imposed by the trial court and substituted it with one of Sh200,000 as well as ruled that the sentences should have run concurrently and not consecutively.

And considering that the accused 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 hence what remained was him to be allowed to walk home.