Deputy Prime Minister Musalia Mudavadi's PA Joshua Shitikho/FILE
Captain Aquinas Birica Orenge’s plea was rejected by a Kibera court after he argued that a full hearing of the case would be prejudicial to his rights.
The pilot is facing charges of allegedly causing an accident through reckless driving on the night of February 16, 2011 when his car collided head on with another one belonging to Mudavadi’s aide Joshua Shitikho.
The accident occurred on Ring Road in Kileleshwa, Nairobi.
Orenge had urged the court to throw out Shitihko’s evidence because he had been treated and recovered from injuries sustained. He had also argued that both vehicles had been repaired and compensation made by their respective insurance firms.
A magistrate sitting at the Kibera law courts however overruled his application saying that even if Shitikho’s vehicle had been repaired “he has a right to seek justice to its logical conclusion.”
The case will now go to a full hearing after the magistrate overruled the captain who had also claimed that Shitikho had influenced the police to arraign him in court.
The prosecution has indicated it intends to call three or more witnesses to testify in the case.
The Kenya Airways pilot has denied causing the accident through reckless driving.
The case was adjourned to March 16.
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