A matatu driver who killed a boda boda rider through dangerous driving was on Monday fined Sh100,000 or in default serve 18 months in prison.
Isaac Ochan Atuya killed Peter Kyalo Musee on Jogoo Road near Rikana Supermarket on June 19, 2016. The incident involved four vehicles.
Makadara chief magistrate Heston Nyaga said while passing sentence that the accused was speeding given the skid marks on the road.
He said it is common sense that drivers should keep distance and drive at minimum speed in wet conditions.
“The fact that the motorcycle was hit from behind means that the accused was driving recklessly and failed to exercise reasonable care,” Nyaga said but declined to cancel Atuya's licence.
The convict had during the trial argued that the prosecution did not call the other motorists involved in that accident to testify and only relied on the evidence of the police, motor vehicle inspectors and five others.
But the magistrate reminded him that the prosecution was not obliged to call a superfluity (excessive number) of witnesses to prove the accusation beyond reasonable doubt.
“Even in the absence of the said evidence, it is still clear that the accused was speeding. He failed to keep a safe distance as required and he hit not just the deceased but also the vehicle ahead.”
The court had been told that it was raining heavily on the day of the accident and that visibility was poor and the road slippery.
That was the more reason why the accused should have been more careful, the magistrate said.
