NAIROBI, Kenya, Oct 18 – The Nairobi Chief Magistrate’s Court has declined to terminate criminal proceedings against a driver who allegedly caused the death of a university student, as he tried to evade arrest at an alcoblow check-point.
The accident occurred along Thika Super Highway on January 30, 2016.
Presiding Magistrate Elector Riany said Job Nyongesa Wangila will to have to stand full trial.
Nyongesa is accused of causing the death of 21 year-old Brian Kiambati.
The prosecution says that he drove on the wrong side of the road and rammed into another car in which Kiambati, a first year engendering student at University of Nairobi was driving, leading to his death.
Nyongesa had objected to his trial on grounds that the charge sheet was defective.
Through his lawyer, John Khaminwa , the motorist had argued that the charge sheet presented by the prosecution had used his Christian name which is unlawful since the State has no religion.
Khaminwa had also alleged that the details in the charge sheet were interfering with his presumption of innocence.
However the prosecution objected to the arguments saying they were just a delaying tactics.
Prosecutor Mary Ng’ang’a said the charge sheet met all the constitutional requirements.
Nyongesa is out on a Sh100,000 cash bail.