Accused Sammy Murigi in court/LEAH MUKANGAIA matatu driver linked to the fatal “manyoka” stunts has been charged over a crash along Enterprise Road in Nairobi that allegedly killed three passengers and occasioned bodily harm to two others.
Among matatu enthusiasts, “Manyoka” refers to a style of driving characterised by sharp swerves, sudden manoeuvres, high speeds and elaborate stunts intended to thrill passengers and draw public attention.
Although some fans consider the behaviour part of the nganya culture, critics warn that the risky manoeuvres can put passengers, pedestrians and other motorists in danger.
Sammy Murigi Maina appeared before Milimani Magistrate Peter Mutai on Thursday and denied the charges arising from the incident involving an Isuzu minibus.
According to the charge sheet, Maina was driving along Enterprise Road opposite KCB Bank at about 8pm when he allegedly lost control of the vehicle while negotiating a roundabout.
The prosecution alleges that the vehicle hit a kerb and, due to the impact, flipped and landed across the road.
The crash allegedly caused the deaths of passengers Edwin Kago, Charles Brandy Wahome and Tamia Kalekye Nyambura, who are listed in separate particulars as having died at the scene.
Maina faces charges of causing death by dangerous driving contrary to Section 46 of the Traffic Act, with the particulars alleging that he drove the minibus recklessly in a manner that was dangerous to other road users.
The charge sheet also contains particulars alleging that the crash occasioned bodily harm to Eugene Ongundi and Dominic Mulwa.
Maina also faces a charge relating to the condition and equipment of the minibus.
The prosecution alleges that some parts and equipment of the vehicle did not comply with the applicable requirements, making its operation unsafe for road users and passengers.
Among the defects listed in the charge sheet are an obstructed emergency exit, reduced passenger headroom caused by multimedia screens, raised rear passenger seats and fitted speakers, and power inverters installed inside the driver's cabin.
The prosecution further alleges that the passenger windows had tinted films covered with reflective material and that the driver's open view of the road was affected.
He faces further counts of allegedly driving a motor vehicle on a public road without due care and attention.
The prosecution has listed Eugene Ongundi, Dominic Mulwa, Natalie Gathoni, Nicholas Rwenya, Police Constable Bob, Police Constable Irungu and Police Constable Wanami among its witnesses, alongside other witnesses.
Maina had earlier been arrested and was arraigned in court on Thursday, where he denied the charges.
During the bail hearing, his defence lawyer told the court that Maina only learnt that he was required to attend court after seeing reports in the media.
“That’s when he learnt that he was supposed to attend court. That’s when we advised him to go and see the IO (investigating officer), which he did,” the lawyer submitted.
The defence urged the court to release Maina on reasonable bail or bond terms, describing him as a law-abiding citizen.
Counsel also asked the court to consider Maina's medical condition when determining his application for release.
The prosecution opposed bail, citing concerns that Maina was a flight risk.
Magistrate Mutai directed that a pre-bail report be prepared before determining whether he will be released on bail.
"I direct let the pre bail report be availed within 5 days. In the meantime, the accused will be remanded in custody pending delivery of my ruling on September 24, next week, Thursday. I further direct that while he's in custody he should be given medical he deserves,” the magistrate ruled.
