The DPP will appeal the acquittal of former CMC director Joel Kibe in a case where he was charged with causing death by dangerous driving.
Kibe lost control of his Range Rover, registration KBQ 959 J, and rammed into a security barrier in the estate on February 2, 2016.
This led to the death of a guard Charles Wachira. Another guard Daniel Omollo was injured during the incident.
Kibe was released on Sh300,000 bond after denying charges of causing death by dangerous driving while under the influence of alcohol.
But Daniel Karuri, senior assistant DPP, has written to the court requesting for the proceedings and judgement delivered by the traffic court.
While acquitting Kibe, Traffic court magistrate Benson Nzakyo said the prosecution failed to prove its case.
Nzayko said the sentry box erected in the middle of the road was not properly secured.
"The sentry box was poorly sealed. Had it been secured by the guard, the accident would not have occurred," he ruled.
He also concurred with Kibe, who in his defense, told the court that the barrier erected on UN Avenue was illegal.
The ex-CMC boss argued that the court had ordered the Nairobi county government to remove the barrier.
The judge also said there was no evidence tabled by the prosecution to show that Kibe was driving the vehicle at the time of the accident.
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"In the upshot, I see no fault on part of the accused in causing the accident and accordingly acquit him under section 215 of the Criminal Procedure Code."
In his defense, Kibe blamed the death of the guard on the "wrongful erection" of a plastic sentry box.
He added that the accident occurred at about 1am as he tried to evade the barrier that had been lifted but "coincidentally dropped" when his car approached.
Kibe said the guards went to the scene a few minutes after he had hit the barrier.
"Your honour, the guards must have been asleep because I did not see them until I came out of my car."
"I did not even realise someone had been knocked down. It was the guards who noticed," he said.
Kibe further told the court that after the accident, the Nairobi government declared the barrier illegal.
He said a sitting by the county assembly adopted recommendations for its removal.
He added that the Runda residents association should be held accountable for the death of the guard.
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