NAIROBI, Kenya – A Nairobi court has declined to review bail for Sammy Murigi Maina, the matatu driver accused of causing a crash that killed three passengers along Enterprise Road, as the prosecution faces pressure to bring key witnesses to testify.
Milimani Magistrate Paul Mutai ruled on Wednesday, October 28, that Maina would remain in custody until key prosecution witnesses have testified, maintaining an earlier decision to deny him release at this stage of the proceedings.
The latest hearing also brought renewed attention to the pace of the trial after only one witness appeared in court, prompting the magistrate to direct the prosecution to ensure eyewitnesses attend upcoming proceedings.
The court further directed the prosecution to investigate allegations that the investigating officer was frustrating the case. The claims were raised by victims, who wanted the officer to appear in court and explain the alleged delays.
Defence Seeks Bail Review
Maina’s defence sought a review of the bail decision, arguing that the accused was suffering while in custody. However, Mutai said he was not persuaded to change the existing position before key witnesses testify.
The court’s decision means Maina will continue to be held as the prosecution works to advance its case. The next hearing is scheduled for November 9, when the prosecution is expected to present witnesses.
The slow progress has become a concern in the proceedings, with the court directing the prosecution to address witness attendance and the complaints concerning the investigating officer.
Driver Faces Charges Over June Crash
Maina was arrested nearly two months after the June 3, 2026, crash and was subsequently charged with multiple traffic-related offences.
The prosecution alleges that he was driving an Isuzu minibus, registration number KDU 887C, operated by Risen Sacco, along Enterprise Road near KCB Bank at about 8pm when the crash occurred.
According to the prosecution’s case, the vehicle lost control while negotiating a roundabout, struck a kerb and overturned, killing three passengers and injuring others.
Maina faces three counts of causing death by dangerous driving, contrary to Section 46 of the Traffic Act, Cap 403 of the Laws of Kenya.
He also faces two counts of driving without due care and attention, relating to passengers allegedly injured in the crash, as well as a charge of operating an unroadworthy motor vehicle.
Alleged Manyoka Stunts Under Scrutiny
The case has attracted attention because of allegations that the matatu was involved in dangerous manoeuvres commonly referred to as “manyoka” shortly before the crash.
The term is associated with sharp swerving and other dramatic driving manoeuvres. However, the specific allegations against Maina remain matters for the court to determine through the evidence presented during the trial.
The prosecution has also cited alleged defects in the minibus, including an obstructed emergency exit, modified passenger seating, unsecured power inverters and a dashboard said to have obstructed the driver’s view. These claims form part of the charges and have not been established through a final court determination.
