NAIROBI, Kenya, Aug 18 – Director of Public Prosecutions Keriako Tobiko has directed that Apostle James Ng’ang’a be charged with causing death by dangerous driving over the Limuru road accident that left wife and mother, Mercy Njeri, dead.
In a press statement on Tuesday, Tobiko said: “I am satisfied that that there is sufficient evidence disclosing a prosecutable case.”
Ng’ang’a will also be prosecuted for fleeing the scene of an accident, for giving false information to public officers and for “conspiracy to defeat justice.”
He’s facing the conspiracy charge alongside two officers, Christopher Nzilu Nzioka and Patrick Mbaya who are to also be prosecuted for neglect of their official duty, with Nzioka facing the additional charge of giving false information to a public officer.
Simon Maina Kuria, who has been accused of ‘taking the fall’ for Ng’ang’a, will face the conspiracy charge in addition to giving false information to a public officer contrary to the penal code.
Tigoni Police had placed Kuria behind the wheel of the Range Rover that collided with the saloon car which, it has now emerged, Njeri was driving.
Njeri’s husband Martin Mbugwa Ndungu will however not face prosecution for “permitting a person to drive a motor vehicle on the road without a valid provisional licence” and for giving false information to a public officer as Inspector General of Police Joseph Boinnet had recommended.
Boinnet on July 30 ordered the re-investigation of the accident that occurred on July 26 following public outcry over the manner in which the Tigoni Police handled the case.
“In response to the mass of information provided by members of the public to the media that suggested that the information provided by the traffic officers at Tigoni may not be entirely correct, I dispatched a special team to the scene to verify the same,” he explained in a press statement.
There was public outrage over the release of the Range Rover from police custody and that reported witness accounts put Ng’ang’a and not Kuria behind its wheel.
According to these accounts, Ng’ang’a was driving at high speed, on the wrong side of the road, when the accident occurred.
In his statement Tuesday, Tobiko said the services of the Witness Protection Agency had been enlisted.
He also emphasised that the suspects are presumed innocent and entitled to a fair trial.