NAIROBI, Kenya – A Nairobi matatu driver accused of causing a fatal crash along Enterprise Road has been denied bail and will remain in custody until key witnesses testify.
Sammy Murigi Maina was arraigned over the June 3 crash that killed three passengers and left two others seriously injured.
The incident occurred at around 8 pm opposite KCB Bank in Industrial Area when the minibus allegedly lost control while negotiating a roundabout at high speed.
Three Passengers Died in Enterprise Road Crash
The vehicle struck a kerb and overturned, landing across the roadway.
Three passengers — Edwin Kago, Charles Brandy Wahome and Tamia Kalekye Nyambura — died at the scene.
Two others, Eugene Ongundi and Dominic Mulwa, sustained serious injuries.
Court Cites Witness Protection Concerns
Presiding Magistrate Paul Mutai denied Maina bail, citing concerns over the safety of witnesses and the integrity of the proceedings.
The court heard that some of the key witnesses were from Komarock, an area where the accused was known.
“It is important to secure the witnesses in order to ensure the integrity of trial processes,” the magistrate said.
The court also considered the circumstances surrounding the accused’s arrest and his conduct after the crash in determining whether he should be released.
Driver Allegedly Fled After Crash
State prosecutors told the court that Maina left Nairobi shortly after the accident and was later traced to Malindi before being sighted in Machakos, where he was eventually arrested.
The prosecution argued that his movements demonstrated a significant risk that he could abscond if released on bail.
The court also raised concerns over inconsistencies in information provided about his permanent residence.
Court Questions Where Driver Lives
When warrants of arrest were issued, Maina reportedly indicated that he was staying with his uncle in Zimmerman.
However, other documentation presented during the processing of his case indicated that he lived with his mother in Kayole.
Magistrate Mutai said the court had not been satisfactorily satisfied about the accused’s place of abode.
The uncertainty, the court observed, could make it difficult to trace him if he failed to attend court after being released.
Court Considers Public Anger
The magistrate also noted the public anger surrounding the fatal crash.
The court found that releasing Maina at that stage could expose him to risks arising from public agitation following the deaths.
The decision was therefore based not only on the prosecution’s concerns over possible interference with witnesses and flight, but also on the need to protect the accused himself.
Minibus Found Heavily Modified
Inspection records cited in the charge sheet also raised concerns about the condition of the vehicle involved in the crash.
The minibus was described as heavily modified and unroadworthy, with an obstructed emergency exit and reduced headroom attributed to multimedia screens.
The inspection also cited raised rear seats, unsecured power inverters, and reflective tinted windows that allegedly severely obstructed the driver’s view.
The condition of the vehicle is among the issues expected to feature as the case proceeds.
Maina to Remain in Custody
Maina had reportedly remained at large for nearly two months before his arrest.
After considering the prosecution’s submissions and the concerns surrounding witnesses, his residence, and his movements after the crash, Magistrate Mutai ordered that he remain in custody.
The magistrate also directed that Maina be provided with appropriate medical treatment while in remand.
The case will proceed with the prosecution expected to present key witnesses before the court considers the accused’s continued detention.
