A matatu driver who killed a bodaboda rider in a chain accident involving more than four cars is awaiting sentencing after he was found guilty of causing death by dangerous driving.
Isaac Ochana Atuya caused the death of Peter Kyalo Musee opposite Kobil petrol station along Jogoo Road in Nairobi on June 19, 2016.
He was driving a passenger minibus dangerously or at a high speed and hit Musee’s motorcycle pushing it to the rear of another car killing him on the spot.
All the vehicles and Musee’s bike were headed towards Donholm direction.
Musee suffered broken thighs, injuries on the neck and head and pelvic fracture.
Had stopped to allow pedestrians to cross
Atuya hit Musee after he stopped, just as other motorists had stopped, to allow pedestrians to cross near the Maziwa stage.
Corporal Lawrence Karisa, the traffic police officer who attended the scene, said Atuya’s vehicle made skid marks 40 metres away, which was not consistent with the 50kph speed limit prescribed for the stretch.
“After considering the evidence as a whole, and the defence case, I do find that the prosecution has proven their case to the required standards of law which is beyond reasonable doubt,” Nyaga said.
“The two ingredients forming the offence of causing death by dangerous driving – that the accused was driving recklessly and in a manner that is dangerous to the public.”
Atuya had denied the charges and maintained he was driving at 40kph.
Nyaga will deliver the sentence on Thursday.