Apostle James Ng'ang'a was today released by a Limuru court on a bond of Sh1 million or a cash bail of Sh500,000 while his three other co-accused were released on bond of Sh100,000 or a cash bail of Sh50,000 each.
Limuru senior resident magistrate Timothy Ole Tanchu made the ruling by saying the accused have a right to be released on a bond since the prosecution failed to produce compelling evidence to show that the four should continue being detained.
The court ruled that Apostle Ng'ang'a of Neno Evangelism Ministry is a well-known person and the prosecution did not prove that he would interfere with witnesses and investigations which are still going on.
His lawyer Assa Nyakundi blocked the prosecution move which was led by assistant director of public prosecution Catherine Mwaniki to continue holding the four since there were no compelling reason for the four to continue being detained.
The court ruled that if they interfere with witnesses, witness protection agency would be mandated to take action.
However the court will on Wednesday next week give a ruling whether the prosecution should go ahead and extract blood samples from Apostle Ng'ang'a to use in the case.
Ms. Mwaniki told the court that they intend to extract blood samples from Apostle Ng'ang'a to compare with blood that they have adding that the law allows them to do so.
But his counsel objected saying that they must be present with their own doctor and also be given some samples for their own record and even that the blood that prosecution intend to compare with should also be availed to them.
"We want our doctor to be present during the extraction of the blood from my client and we also want some samples given to us and that other one with they want to compare with since they can do anything with it”.
The defense also want a Mercedes Benz belonging to Apostle Ng'ang'a and his phones which were confiscated by the police to be released but the prosecution objected saying it’s a subject in the case.
The prosecution withdrew the first case of Simon Kuria who is alleged to have been driving the range rover at the time of the accident saying that they arrived at that decision after more investigations were conducted and the suspect charged with other offenses.
On Thursday Apostle Ng'ng'a denied that he was not the one driving the vehicle that was involved in an accident on July 26, at Maguo in Limuru that led to the death of Mercy Njeri.
He also denied failure to report the accident to any police station or police officer within 24 hours as required by law, as well as denying that on August 6, 2015 at the Traffic Headquarters in Ruaraka, Nairobi, he gave false information to Senior Superintendent of Police Julius Wanjohi that he was not the driver of the vehicle (KCD 060D) which was involved in the accident, thereby making the officer not to take any action against him.
He was charged alongside Simon Kuria who denied giving false information to Inspector of Police Joel Kalusu that he was behind the wheel when the accident happened.
Police officer Christopher Nzilu Nzioka denied giving false information to Police Constable Alexander Kitonga of Tigoni Police Station, Limuru, that Kuria was the driver of the vehicle.
Nzilu was also charged that on the same day, at Tigoni Police Station, he willfully concealed the identity and whereabouts of Pastor Ng'ang'a whom he knew was the driver at the time of the accident.
Tigoni Traffic Department Patrick Kahindi Baya, denied failing to conduct proper investigations.
