12 killed after train rams rogue matatu

What you need to know:

  • The penalty for careless driving is a fine of Sh500,000 or 10 years in prison or both.
  • On realising that he had tragically miscalculated, Mr Wanjau reportedly jumped out of his vehicle, according to policemen at the scene.
  • Mr John Kimani, a tout who was nearby, said: “The train passes here at this time every morning. Everybody hears it approaching.

Twelve passengers were killed after a train ploughed into their matatu at a level crossing at Mutindwa in Nairobi’s Eastlands area Wednesday.

Police said the driver of the matatu, who was identified as Mr Edward Githae Wanjau, was racing to beat the oncoming train.

Mr Wanjau, who said he had been a matatu driver for 15 years in which he was never involved in a crash, will be charged in court Thursday.

If he is found guilty of causing death by careless driving, Mr Wanjau will be jailed for life.

TRAGICALLY MISCALCULATED

The penalty for careless driving is a fine of Sh500,000 or 10 years in prison or both.

Mr Wanjau’s bus was in a queue of vehicles that had stopped to allow the train through, when he broke ranks with the rest of the vehicles, it emerged.

On realising that he had tragically miscalculated, Mr Wanjau reportedly jumped out of his vehicle, according to policemen at the scene.

The train hit the matatu and pushed it for 200 metres before it screeched to a halt. Three people died on the spot, while 34 of the injured were treated at the Mama Lucy Hospital.

Seven of them died while being treated while two others died at the Kenyatta National Hospital.

A personal vehicle was also hit and was extensively damaged in the crash.

Umoinner Sacco, the operators of the bus, said their driver was not overlapping.

In a statement on Facebook, the company accused the police of “sleeping on the job” by failing to stop its driver from racing onto the tracks, with a train bearing down on the bus.

TRAIN'S BLARING HORN

All other drivers had obeyed the train’s blaring horn and stopped well away from the tracks during the 7.40am incident.

“Railways Police Unit commandant Kirimi Ringera said: “He has so many questions to answer.”

Hours later, Mr Wanjau went to the Buruburu Police Station where he was questioned and locked up before being handed over to the Railways Police in the city centre.

Police had summoned Mr Edward Okello, identified as a manager of Umoinner Sacco, under which the matatu is registered, and ordered him to produce his driver.

On being questioned, Mr Wanjau said he did not hear the hooting of the approaching train.

Police have established that at the time of the accident, Mr Wanjau was wearing earphones and was listening to music on his mobile phone.

His matatu was not supposed to be on that road because it is not a designated as a route for public service vehicles.

However, matatu drivers always use the road because it is a shortcut between Umoja and Buruburu estates. They also use the road to avoid the massive traffic jam on Jogoo Road.

CREWS ARRESTED

The victims were heading to the city centre, where most worked, from Umoja.

Traffic commandant Samuel Kimaru said: “Every day at least two vehicles from this sacco are detained and the crews arrested... They also use undesignated routes to escape traffic jams.”

Wanjau is likely to be charged with 12 counts of causing death by dangerous driving.

Witnesses at the scene, including police officers, who were controlling traffic at the nearby Mutindwa junction, said that the train’s horn alerted everyone around.

Mr John Kimani, a tout who was nearby, said: “The train passes here at this time every morning. Everybody hears it approaching.

“Today I just had a loud bang and then screeches, like heavy metal grinding.”

Mr Bill Ouma, a matatu driver who witnessed the accident, said his fellow driver was following a small car in the race to beat the train.

The small car made it across, the matatu did not.

“The train had hooted but the matatu rushed in after a personal car made it across then for some reason the engine died on the tracks. All I remember were some people being thrown out of the matatu,” Mr Ouma said.

Mr John Okuthe, who witnessed the accident said a police officer tried to stop the matatu driver before he attempted to cross.

The railway crossing is neither secured nor marked in any way.