A quantity surveyor who was charged with causing death of a university student by dangerous driving will know his fate next month when the court delivers its judgement on the matter.
Job Nyongesa was accused of killing 21 year old Brian Kiambati on January 30, 2016. In his defense, Nyongesa claims that he was not drunk at that time.
The prosecution, however, told court that Nyongesa killed a student following investigations on the accident.
When the matter came for submissions at the Milimani traffic court on Friday, the court heard that it is a sad case because the deceased was a potential civil engineer.
The prosecution alleges that Nyongesa drove on the wrong side of the road and rammed into another vehicle that was being driven by the first year engineering student.
Further, the prosecution said that the accident took place as Nyongesa tried to avoid a road block where tests on drunk drivers were being taken.
Earlier, Nyongesa had made an application to have the case withdrawn claiming that the charge sheet was defective.
Through his lawyer John Khaminwa, he argued that the charge sheet presented by the prosecution has used his Christian names.
He said that was unlawful, since the state has no religion.
At the time of the accident the deceased
was a third year civil engineering student at Nairobi University.
Nyongesa is facing charges of causing death by dangerous driving. He is out on a cash bail of Sh100,000.
"All witnesses testified that there indeed was an accident of a collision of two vehicles" the prosecution said.
They added that 13 witnesses and all including the Investigation Officer arrived at a conclusion that the accused caused the accident.
The prosecution said the accused was captured by Citizen TV which showed the accused vehicle prior and after the accident.
They added that they have proved the case beyond reasonable doubt that he was the one who caused the accident.
In his defense, the accused said that there is no evidence adduced in court to show that he had any alcohol in his system.
The judgement on whether Nyongesa will be convicted shall be delivered on February 22.