A Nairobi matatu driver accused of causing fatal passenger deaths along Enterprise Road will remain in detention until key eyewitnesses testify.
Sammy Murigi Maina was arraigned after the fatal crash took place at around 8 pm on June 3, opposite KCB Bank in the Industrial Area.
The accused was driving a minibus when he allegedly lost control while negotiating a roundabout at high speed. The vehicle struck the kerb and flipped over, landing across the roadway.
The violent roll-over resulted in the immediate deaths of three passengers—Edwin Kago, Charles Brandy Wahome and Tamia Kalekye Nyambura—who died at the scene, while two other passengers, Eugene Ongundi and Dominic Mulwa, suffered serious bodily injuries.
The incident occurred amid allegations that the driver was performing risky "manyoka" stunts, a form of aggressive swerving popular in urban matatu culture.
Inspection records cited in the charge sheet revealed that the minibus was heavily modified and unroadworthy, featuring an obstructed emergency exit, reduced headroom caused by multimedia screens, raised rear seating, unsecured power inverters, and reflective tinted windows that severely obstructed the driver's view of the road.
Following the crash, the suspect evaded police for nearly two months before being apprehended.
Presiding Magistrate Paul Mutai, delivering the ruling on Thursday, denied Maina bail due to the severity of the charges, his conduct after the accident and the risk of interference.
The court determined that releasing the accused prematurely poses a genuine threat to the integrity of judicial proceedings and to the safety of the accused himself.
In his ruling, the magistrate emphasised the necessity of safeguarding individuals slated to give evidence in court.
"It was submitted by counsel representing the victims that the witnesses are from Komarock, where the accused knows," the magistrate stated.
"It is important to secure the witnesses in order to ensure the integrity of trial processes."
The Magistrate observed that public outrage following the tragedy created an environment where the driver’s personal safety could not be guaranteed upon release and there was need to protect him from public agitations.
The decision to withhold bail was also influenced by conflicting details regarding the defendant’s permanent residence, which raised concerns over his reliability to attend trial.
The court noted that when warrants were initially issued, the driver provided inconsistent information regarding his living arrangements.
Magistrate Mutai stated that the court had not satisfactorily established Maina's place of abode as he had indicated he was housed by his uncle in Zimmerman when the warrants of arrest were issued.
But the uncertainty was compounded by alternative documentation submitted during processing, where the accused had recorded that he lives with his mother in Kayole.
This would make it difficult to locate him in case he jumps bail.
State prosecutors presented evidence showing that the suspect fled the capital shortly after the incident took place.
Maina had fled to Malindi but was later sighted in Machakos before he was arrested, the state detailed in its opposition to the bail application, reinforcing the prosecution's argument that the driver posed a severe flight risk if granted freedom prior to the testimony of crucial witnesses.
The magistrate further directed that the accused be accorded treatment while under remand.
