•'Investigating officer lied to court saying rider did not have helmet
•Postmoterm proved he was wearing it
A Kibera court has sentenced an Australian tourist who killed a boda boda operator in a road accident to one-year imprisonment or a Sh200,000 fine.
Alisa Kefford Parker was accused of violating the traffic laws by overspeeding her Subaru registered as Y 811 HPL and killing the Nicholas Musau on January 16, 2014.
The prosecution alleged that the accused was in a hurry to turn to Koibotos-Lamwia road and was preoccupied with other matter, therefore, failed to take precautions and ensure that the road was clear before making a turn.
The prosecution called six witness and closed the case. While giving her testimony, the deceased's wife told court that her husband left home at 8am with a brown helmet and a red reflector, she said the investigating officer brought the helmet to her house and gave the motorcycle to another relative.
She said the investigating officer was lying when he said the deceased lacked a helmet.
Dancun Obaigwa, his colleague, told court that the deceased was riding in front of him when he was struck to death. Dancun said that he saw the police officer taking the deceased's helmet.
Julius Kilili, the deceased's uncle testified that he first viewed the deceased body at Karen Hospital after being informed of the accident. During the cross examination, he confirmed how the deceased was dressed.
Doctor Dorothy Njeru produced a postmortem report which indicates that the deceased died from injuries associated with blunt objects. She clarified that the injuries were consistent with a person wearing helmet, hence the deceased had complied with traffic laws.
In her ruling on Friday, Kibera chief magistrate Joyce Gandani ruled that all the evidence submitted to court was enough to convict the accused. She convicted the accused in absentia, saying the accused had absconded the session since she was released on bond after some months in detention.
“II fine the accused Sh200,000 or serve a one-year term, a warrant of arrest against the accused will be in effect until she pays the fine,” she ruled.
She was allowed 14 days to appeal.
(Edited by R.Wamochie)