- Kiplagat Kemey failed to keep reasonable distance and rammed a motorcycle, killing the pillion passenger.
- The magistrate said it would be naïve to rule that since there was no eye witness there was no proof of fault on the part of the driver.
A motorist has been fined Sh200,000 or in default serve two years in jail for causing the death of a pillion rider by dangerous driving.
Ellroy Kiplagat Kemey rammed the rear of a motorcycle on which Oscah Kibongo was a passenger and killed him on the spot.
The incident happened a few minutes to midnight on May 14, 2017, on Mombasa Road near JKIA.
Kibongo was a passenger on 19-year-old Kelvin Kinyua Muriuki’s motorcycle, Makadara chief magistrate Heston Nyagah heard.
He was told that Kiplagat failed to keep reasonable distance and rammed Muriuki’s motorcycle, killing the pillion passenger.
There were no witnesses and the investigation team relied on what was found on the scene.
In his judgment, Nyagah said it would be naïve to rule that since there was no eye witness there was no proof of fault on the part of the driver.
“It’s not always that there will be an eye witness to an accident. That’s why the experts are called to assist the court in determining what caused the accident,” he said.
He said it was clear from the scene that the motorcycle was on the road at the time of the impact.
“The point of impact was in the middle of the left lane. The motorcycle was sent flying across the road barrier, an indicator of the magnitude of the impact.”
Nyagah said a motorcycle, like any other motorised vessel, is entitled to travel on the road. “It is also apparent that the accused was at a high speed… He was supposed to keep distance and look out for other road users.”
The magistrate said the prosecution had proved its case beyond reasonable doubt, but dismissed an application to have Kiplagat’s licence suspended.
“I don’t think that the circumstances of the case warrant such a drastic measure. I will not effect that order.”
Kiplagat had in his defence said the rider appeared suddenly from the sidewalk without a reflective jacket and that he swerved to avoid hitting him, but contact was made.
However, an officer who visited the scene discredited that statement, saying there was no feeder road joining the main road near the scene.