The Kitui office of the DPP has ordered the immediate arrest of a teacher whose car hit a four-year-old girl last year.
The victim, Lucy Mulei, now aged five, lost her eyesight following the accident. County ODPP coordinator Bonny Okemwa now wants Moses Mongeri of Kwa Ukungu Secondary School charged with driving without due care and attention.
He expressed concern over the failure by the Kitui Traffic Police department to charge the teacher since the May 18, 2018 accident. He said Lucy has been denied justice.
In a letter dated October 4 to Kitui Traffic base commander Kulusu Lenalepishu, Okemwa accused the department of bias in the way it handled the case.
"He should be charged for his negligence. We will not concur with your biased findings at all and you know why," the letter reads.
"With much concern, we've realised from the investigations file that you have avoided taking action for the past one year, which is malpractice and negligence of the greatest order, leading to delay in delivery of justice to the minor."
He noted that statements in the file and expert reports concluded that there was sufficient evidence to prosecute the teacher, having been the driver of the vehicle KBU 152 R that was involved in the accident on Majini-Majengo road, Kitui town.
The evidence reflects that Mongeri's negligence resulted in the accident that could have been avoided had he been careful, Okemwa says.
"In the circumstances, we recommend prompt arrest and charging of the said driver with the offence of driving without due care and attention contrary to the Traffic Act."
Lenalepishu said his department was preparing to have Mongeri charged in court on Friday. "We have actually asked the teacher to come on Friday so he could appear in court," he said.
(Edited by F'Orieny)
Kitui County office of the directorate of public protection has ordered immediate arrest and charging in court of a teacher whose car hit a 4-year-old minor and caused her to lose her eye-sight a year ago.
Kitui county directorate of public prosecution coordinator Bonny Okemwa now wants the teacher at Kwa Ukungu Secondary School, Moses Onyancha Mongeri , charged with driving without due care and attention.
Okemwa expressed concern over the failure by the Kitui traffic department to charge the teacher more than a year since the May 18, 2018 accident thus denying the young pre-school victim Lucy Mulei justice.
In a letter dated October 4 to the Kitui traffic base commander, Kulusu Lenalepishu, Okemwa accuses the traffic department of over bias in the way it handled the case and failing to charge the teacher.
“So he should be charged for his negligence. We will not concur with your biased findings at all and you know why,” said part of the letter.
“With much concern we have realized from the investigations file that you have avoided taking action for the last one year, which is a malpractice and negligence of the greatest order leading to delay in delivery of justice to the minor,” Okenwa said in the letter.
He noted that perusal of the statements in the file and the expert reports concluded that there was sufficient evidence to charge and prosecute the driver of the vehicle registration number KBU 152 R that was involved in the accident along Majini-Majengo road in Kitui town.
Evidence, he added, reflect that Mongeri was negligent resulting to the accident that could have been avoided had he been careful.
“In the circumstances, we recommend prompt arrest and charging of the said driver with the offence of driving without due care and attention contrary to the traffic act,” said Okemwa.
Lenalepishu confirmed that he had received Okemwa’s letter. He said his department was preparing to have Mongeri charged in county on Friday (today). “We have actually asked the teacher to come on Friday so that he could appear in court,’ he said.
