Motorist accused of killing pedestrian failed to be charged until cash bail is refunded

NAIROBI, Kenya, Nov 26- A motorist who is accused of knocking down a pedestrian along Muhoho Avenue in Lang’ata could not be charged with causing death by dangerous driving because police do not have ShSh20,000 to refund his cash bail.

Andrew Kimathi Gitonga should be charged with causing the death of Ramon Owiti who was crossing the road on October 2 but the plea taking was deferred because police have not returned his money.   

Gitonga had been freed on police bail but the cash has not been retrieved from a safe inside late Langata police station commander (OCS) chief inspector George Kabii’s office.

The suspect had been freed on police bail awaiting appearance before court but Kabii who kept the cash succumbed to Covid -19 last week while undergoing treatment at the Nairobi West Hospital.  

A junior officer from the station said the OCS’s office must be broken into in presence of senior officers to take inventory of the office before the safe is broken and the cash retrieved.

This therefore means Gitonga cannot be charged until the office is broken or the police get money elsewhere to refund him.

He is accused of dangerously driving his vehicle KCW 153Q at around 2:30pm when he hit Owiti who succumbed to injuries while undergoing treatment at a city hospital.

Procedurally, police must return Gitonga’s cash bail before he is charged with causing Owiti’s death after he presented himself to courts.

Gitonga declined to take a plea until he got his money when he appeared before senior principal magistrate Esther Bhoke of Kibera law courts.

Prosecution counsel Nancy Kerubo told the court that Gitonga had agreed with the office of the Director of Public Prosecution (ODPP) to answer to the charges and get a refund later.

The ODPP wanted Gitonga to plead to the charges then await to receive the cash bail on December 15 once Kabii’s office will have been broken open but he made a u – turn when he appeared before Bhoke.

Bhoke said she cannot proceed with the case until Gitonga is given back his money because there is a possibility he needs the Sh20,000 to top up the cash bail he will be granted after pleading to the charges.

Kerubo wanted the case mentioned in two weeks to allow police to recover Gitonga’s cash from Kabii’s office.

But Bhoke declined and said police don’t need two weeks to get Sh20,000 to refund Gitonga’s cash bail and directed the money to be availed to the suspect by December 2 when he will return to court.

Gitonga is still a free man after Bhoke extended the police bail given to him by Kabii.