NAIROBI, Kenya, Aug 19 – Apostle James Ng’ang’a moved to the High Court on Wednesday in a bid to block his prosecution following accusations of causing death through dangerous driving.
Ng’ang’a through his lawyers Assa Nyakundi and Cliff Ombeta sought injunctive orders from Justice Weldon Korir pending the hearing and determination of his application.
In the application, Ng’ang’a accuses the media of spearheading a witch-hunt against him and the Inspector General of Police Joseph Boinnet of succumbing to the pressure.
“(Boinnet) issued a public statement in which he identified the driver of the Range Rover as Simon Kuria. He simultaneously informed the public that Simon Kuria would be charged in court in relation to the accident,” his lawyer said.
“(He) then changed tune. He purported to conduct another investigation and by himself or his juniors made statements to the media that not only contradicted the information already released to the public but highly prejudicial to the petitioner to render any resultant prosecution unfair and unconstitutional,” the application reads.
The application continues to argue that having been hang, drawn and quartered in the court of public opinion, Ng’ang’a is unlikely to be tried impartially.
“(Ng’ang’a) has been unduly humiliated, cajoled, disparaged, tried and found guilty in a process not sanctioned by law to render any prosecution and conviction guaranteed foregone or at the very least, there is little likelihood that the petitioner will receive a fair trial,” the application concludes.
Korir directed that the application be served on the offices of the Inspector General of Police and the Director of Public Prosecutions – the respondents – for an inter-partes hearing on Thursday.
The DPP on Tuesday gave the green light for Ng’ang’a’s prosecution over the Limuru road accident that claimed the life of Mercy Njeri last month.
Ng’ang’a is accused of driving the above referenced Range Rover that crashed into the saloon car Njeri was driving on July 26 in Limuru.
According to witness reports, Ng’ang’a was driving on the wrong side of the road in a race to get to Nairobi, when the accident occurred.
It’s also alleged that he fled the scene of the accident and is therefore also facing a charge for failing to report an accident, contrary to the Traffic Act.