The former CMC Group director involved in an accident that resulted in a guard's death in Runda, Nairobi, will be charged with three traffic related offences next Tuesday.
Joel Kibe was expected yesterday
to answer to charges of causing death by careless driving, driving under the influence of alcohol and careless driving.
But he did not appear in court and his lawyer Cliff Ombeta told city magistrate Benson Nzakyo that Kibe was recuperating in hospital after his ribs were injured in the Monday night accident.
The businessman lost control of his Range Rover and rammed into a security barrier, killing 26-year-old Charles Wachira employed by chancery security firm and injuring another.
Wachira’s family said they want to see justice done.
“We are still waiting for the government pathologist to conduct a postmortem on the body before it is released to us. We are traumatised, but we hope the judiciary will give us justice," Fraciah Nyambura said.
Ombeta said Kibe was treated at Nairobi Hospital before he was discharged and allowed to rest for three days.
"Kibe fractured two ribs and suffered some minor injuries. Doctors at Nairobi Hospital have asked him to take two to three days of bed rest," he said
The lawyer said his client is diabetic and his blood sugar level had risen.
“We are asking you to defer the plea taking to February 9 when my client will be in a position to come to court” he said.
The prosecution did not oppose Ombeta's
application.
Police said Wachira,
who died on the spot, had flagged Kibe down for checking, only for him to ram into the barrier.
Kibe allegedly swept away a one-foot radius bollard, brought down three smaller others and knocked down a sentry box.
The thick bollard was pushed 10m from its point and rolled over the guard before the car ran over him, a witness said.
In a video clip circulated on social media,
Kibe is heard saying: "Nimegonga barrier. Gari yangu imeumia, tumeumia sote (I hit the barrier. My car is damaged, we're all hurt)."
He was released on a Sh70, 000 police bail
following the accident.