Bernard Ishindu Shitiabayi (right) The owner of the ill-fated Fort -Tenan bus with Cleophas Shimanyula (left) the director of Western cross Express Sacco at Molo law courts on October 12,2018 , when they appeared before chief Magistrate Samuel Wahome over the Fort Tenan tragic accident which claimed 56 people. [Photo:Kipsang Joseph/Standard]
The owner of the ill-fated Kakamega bound bus and a director of Western Cross express Company were released on bond by a Molo Court.
Bernard Ishindu, owner of the bus and Cleophas Shimanyula alias Toto, Director Western Cross Express Company Limited were charged before a Molo Chief Magistrate Court.
The bus was involved in a fatal accident at Tunnel area in Fort-Ternan along Londiani-Mohoroni-Kisumu road killing 58 people on the spot.
The early morning accident allegedly occurred after breaks failed and the driver lost control of the vehicle which was descending the black-spot area.
Ishindu and Toto faced various charges of failing to keep the bus crew records, allowing an un-roadworthy vehicle operate at night and permitting a Public Service Vehicle to operate without a valid license.
Particulars of the charge sheet indicate that Toto on October 10, 2018, permitted a PSV vehicle to operate as a long distance vehicle without a license.
"On October 10, 2018 at Tunnel area being the agent of the Isuzu bus permitted the vehicle to operate as long distance night travel bus without a license," read part of the charge sheet.
Being an agent of Western Cross Express Company Limited he allegedly failed to keep records of the bus crew.
Ishindu on the other part was accused of permitting the alleged un-roadworthy vehicle to travel at night without a license from National Transport and Safety Authority.
"Permitting a PSV to travel at night without a license: Being the owner of the Isuzu bus allowed the bus travel at night without night travel license from National Transport and Safety Authority," stated the charges read to Ishindu.
The two appeared before Molo Chief Magistrate Samuel Wahome where they denied the charges.
Through their lawyers they pleaded with the court to release them on bond.
The prosecution did not object their release on bond citing that investigations into the matter have been concluded.
They were released on Sh5Million bond each with a surety of similar amount.
The case will be heard on November 28, 2018.
The two were arrested in Kakamega and later arraigned before a Molo court under a miscellaneous application as police officers sought time to conclude investigations.
