DPP to appeal acquittal of Pastor James Ng’ang’a

The Director of Public Prosecutions will appeal the acquittal of televangelist James Ng’ang’a and three others in a case in which the pastor was charged with killing a woman by dangerous driving three years ago.

The road crash happened at Manguo in Limuru along the Nairobi-Nakuru highway.

On Monday, the court absolved Mr Ng’ang’a, Mr Simon Kuria, Inspector Christopher Nzilu and Inspector Patrick Baya, who was the Tigoni traffic police boss, of any wrongdoing in the death of Mercy Njeri or colluding to defeat justice. Chief Magistrate Godfrey Oduor, who has since been transferred to Nakuru, in his ruling read on his behalf by Senior Principal Magistrate Karen Njalale, said the evidence of key witnesses, who claimed to have spotted the pastor at the scene of the accident, was not enough to nail him.

INCONSISTENCIES

According to Mr Oduor, there were inconsistencies and discrepancies in the time of accident and that the claims, some which he said were strange, concocted or exaggerated on the pastor being at the accident scene and which were not in the initial police statements, making them inadmissible.

“After being cross-examined by the accused’s counsel, he said he had seen the accused at Naivasha, yet at the scene of the accident, he was asking who the occupants of the vehicles (of the cars that were involved in the accidents) were, which was a contradiction,” said the ruling.

By throwing out the charge on causing death by dangerous driving against Mr Ng’ang’a, Mr Oduor automatically dismissed the other counts, arguing that the charge formed the basis of the other counts.

But the DPP’s office, through State Counsel Catherine Mwaniki, expressed dissatisfaction with the judgment, which sparked outrage on Tuesday.

APPEAL

“Having been dissatisfied with the finding and ruling of the court, the prosecution prays for the certified copies on the proceedings and ruling to enable us make an appeal before the High Court,” Ms Mwaniki told Ms Njalule on Monday.

On Tuesday, Interior Cabinet Secretary Fred Matiang’i wrote to the DPP Noordin Haji to appeal the acquittal, saying the government is not satisfied with the ruling, arguing that evidence implicating the pastor was overwhelming.

“The ministry notes with surprise the acquittal handed down in the above case where we believe a brazen crime was committed by the accused person,” read a letter from the CS to the DPP and copied to IG Joseph Boinnet.

RANGE ROVER

In the first count, Mr Ng’ang’a was charged with dangerously driving a Range Rover registration number KCD 060Q, disregarding all the circumstances including the condition of the said road and the amount of traffic and caused the death of Mercy Njeri

on July 26, 2015 at Manguo on the Nairobi-Naivasha highway

The pastor was also charged with failing to report the accident involving his vehicle and the other – KBZ 709W – to any police station within 24 hours.

On the third count, he was charged with giving false information to a police officer, Mr Julius Wanjohi, on August 6, 2015 at Traffic Headquarters at Ruaraka that he was not the driver of the car that was involved in the fatal crash.

UNINSURED CAR

He also faced a charge of driving an uninsured car since the car did not have a policy in respect to third party risk at the time of accident.

The fifth count brought together the four, which was that they conspired to defeat justice whereby, between July 26, and August 15, 2015 in Limuru, they jointly conspired to mislead a police officer at Tigoni Police Station to defeat the course of justice.

Count six involved Mr Kuria, who had initially confessed that he was the one driving the car when the accident occurred.

NEGLECTING DUTIES

The count stated that on July 17, 2015, he lied to a police officer that he was the driver of the Range Rover. Mr Nzilu, a police officer, and Mr Baya were charged with neglecting official duties. Ms Mwaniki said the ruling had been adjourned six times, and even on the final day, she told Ms Njalule that Mr Oduor had asked them to be at the court by 9.30am, but changed the time to noon, only for him not to show up.