The Kiambu High Court has finally made a ruling on the appeal lodged against Pastor James Ng’ang’a who was accused of causing a woman's death three years ago through dangerous driving.
Justice Christine Meoli reversed the acquittal of the pastor on Tuesday after the assistant DPP Catherine Mwaniki filed a petition on Monday.
Meoli ruled that the case would be heard afresh starting from August 1, a process that will commence with witnesses giving their accounts of the accident.
[caption caption="Pastor James Ng’ang’a and Mr Simon Kuria appearing in the Limuru Law Courts"]
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Mwaniki had urged the court to reverse the previous ruling by Chief Magistrate Godfrey Owuor and to put the suspects in defense.
It was alleged that on August 26, 2015, Pastor Ng’ang’a was driving a Range Rover sports car when he collided with a Toyota Nissan causing the death of Mercy Njeri.
Ng’ang’a was arraigned in the Limuru alongside his driver Simon Kuria and two police officers, Patrick Baya and Christopher Nzioki facing several charges following the death caused by dangerous driving.
However, on May 4 they were acquitted by Justice Oduor who ruled that they had no case to answer.
The DPP filed a petition in which he indicated that his dissatisfaction and aggrieved by Oduor’s ruling.
The office of the DPP had also asked the case to be heard by a different and competent judge.
“The magistrate erred in both law and fact in failing to find the prosecution had discharged its burden of proof. The trial magistrate also failed to properly analyze all the evidence thereby causing a miscarriage of justice,” the petition read.
[caption caption="DPP Noordin Haji "]
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