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After spending a night in custody, televangelist James Maina Ng’ang’a was arraigned in court where he denied four charges over the deadly Limuru road crash — and was promptly sent back to the police cell.
The pastor was taken to the Limuru court, not in a top-of-the-range vehicle that he is used to, but in the back of a police pick-up truck, sandwiched between two armed police officers.
He arrived in the court at 9.10am where he was met by riot police officers who had been deployed inside and outside the compound to maintain security.
But despite the unusual welcome, a few members of his church were at hand to comfort him. They were heard telling him: “Dad we are together. You will win this battle”.
Everyone entering the court precincts was thoroughly frisked by the police officers.
When the court went into session at 9.25am, Ng’ang’a’s name was the first to be called out. The four charges were read out to him one after the other and every time each was read out he gave the terse response: “Not true”.
He was charged that on July 26 at about 5.45pm at Manguo near Limuru while being the driver of Ranger Rover registration number KCD 060D, he drove carelessly and without considering the heavy traffic on the road was involved in a fatal road accident which led to the death of Mercy Njeri who was in a car (Reg. no. KBZ 709W).
The Neno Evangelism pastor was also charged with failing to report the accident to any police station or police officer within 24 hours as required by law.
He also denied 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.
False information
Also in the dock was Simon Kuria who was charged with giving false information to Inspector of Police Joel Kalusu that he (not Ng’ang’a) was behind the wheel when the accident happened.
Police officer Christopher Nzilu Nzioka was also charged with 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.
Another policeman, the officer in-charge of Tigoni Traffic Department Patrick Kahindi Baya, was charged with failing to conduct proper investigations.
The four were also charged that between July 26 and August 15 in Limuru jointly conspired to mislead the investigating officers in order to defeat justice. They denied all the charges.
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The prosecution in an affidavit sworn by Deputy Inspector General of Police Charlton Mureithi and read by an officer from the Director of Public Prosecutions Alloys Kemo opposed Ng’ang’a’s and his co-accused’s application for bail, saying they were likely to interfere or intimidate witnesses once released.
“The first charge of the first accused (Ng’ang’a) can lead to life imprisonment if found guilty. He is also the lead pastor and has a large following like you can see in the court today. He is likely to interfere with investigations if released,” said Kemo.
The affidavit added that Ng’ang’a and his co-accused had previously refused to co-operate with the investigating officer and were a flight risk as the charges they faced could land some of them life imprisonment.
Substantial evidence
But Ng’ang’a’s lawyer Assa Nyakundi objected. He said his client would not abscond and also told the prosecution to provide substantial evidence to prove their claim that Ng’ang’a is likely to interfere with witnesses.
Lawyer Cliff Odur for the second accused asked the court to release his client on a free bond.
Limuru Senior Resident Magistrate Timothy ole Tanchu ordered the four to be detained at Gigiri Police Station and said he will rule today at 11am on whether the four should be released on bail or not.
Ng’ang’a and his co-accused were yet again bundled into the same police vehicles that brought them to court and driven out quickly with their lawyers following behind in their personal cars.