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Motorist who killed KU student in hit-and-run accident convicted

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A senior prison officer, who knocked down a university student last year in July, in what appeared to be a hit-and-run accident, has been found guilty of causing death by dangerous driving.

Magistrate Elekta Riany on Monday convicted Sergeant Dismas Gitenge Motongwa for killing 22-year-old third year Kenyatta University student Maureen Wambui Gachagua on July 15, 2018 along Mombasa Road.

The Magistrate pointed out that the accused’s defense was full of lies and therefore ruled that he was an outright dangerous driver.

“The accused was speeding, is culpable of giving false information to public service and I find him guilty of causing death by dangerous driving,” the Magistrate ruled.

On the fateful day, the deceased had attended an overnight party with her boyfriend, Dennis Mburu Baragu, at the NextGen Mall on Mombasa Road.

While her boyfriend crossed a trench outside the mall to join Mombasa Road, her girlfriend decided to use the main path to join the road.

However, she never made it to the other side of the road as she was knocked down by a speeding red car.

He boyfriend saw the speeding vehicle and desperately looked for her body in the nearby surrounding without success before embarking on a search for her in various hospitals.

DUMPED BODY

While at the reception of Mariakani hospital, a woman narrated how the body of a woman had been dumped around that area by an unknown person.

Upon reaching the said location where the alleged body had been dumped – at a turn near Car Max dealers in South C – he found her body dumped with her face facing down. Her right leg was missing and the whole body was badly injured.

But beside the body was a number plate of a car – KCN 285B – which disappeared as soon as an early crowd got to the scene.

Apparently, the accused drove three kilometers with her body on the roof of his car before dumping it in South C Estate, Nairobi.

The accused then drove to Lang’ata Women Prison’s staff quarters, parked the car, unscrewed the hind number plate and took a different car.

He then reported at Langata Police Station that he had hit a cow along Mombasa Road.

But a signal circulated by officers who had already noted down the number plate found next to Maureen’s body and it matched it with the statement that was recorded at the police station by the accused.

MISSING NUMBER PLATE

When the Sergeant reported the matter again at Industrial Area Police Station, the officers insisted that he goes for the car that had been involved in the accident.

Before that vehicle was availed, he first insisted that his words be taken in as the truth. And when the car was availed, he took the blood-stained number plate from the boot, an indication that he had taken it from the scene.

On his defense during the trial, the accused claimed that he was on lane one yet in actual sense he was on lane two where the accident occurred.

He also claimed that he did not stop his car because he was armed with a Ceska pistol and that he feared being robbed.

The accused’s account of the happenings contradicted that of the deceased’s boyfriend who witnessed the accident.

“No one can avoid an accident, but the way one handles the case afterwards is what matters,” the Magistrate said.

Maureen, a third year bachelor of Arts student, was one month pregnant when she died.

She was buried at Mung’aria village, Nyeri County, on July 26, 2018.

Source:nairobinews

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Courts

A case of two stolen cows and a DNA test

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When Ann Cherotich and her husband John Tingiso lost their two Friesian cows to a cattle thief five years ago, their dairy business was shattered.

Ms Cherotich’s life would then be darkened even more, when her husband died two months later in a road accident.

At only 31, she was a widowed mother of three with no source of income.

One day in August this year, as she was travelling to Nakuru, she spotted two cows grazing by the road. The cows had all the features of her stolen animals.

Although five years had passed, she was convinced that the cows she spotted were hers, so she reported the matter to the police, and investigations began.

What appeared like a light at the end of the tunnel turned out to be another puzzle that has proved too complex to resolve.

A veterinary officer familiar with Ms Cherotich’s cows assessed the physical appearance of the cows and was convinced that they were the same ones. But a neighbour, Gloria Kandie, was claiming ownership.

A DNA profiling was done by another vet, and the results proved Ms Cherotich right. The cows’ DNA matched those of the cows that sired them.

However, the ownership of the two animals is now the subject of a legal battle between the two women at the Chief Magistrates’ Court in Nakuru.

Pregnant cows

Ms Cherotich says she lost the cattle on the night of August 27, 2015, around 3am. While sleeping, she and her husband heard a commotion at the cattle shed and when they woke up, found the cows — Rose Nangiene and Kisirani, mother and daughter — gone. Both were pregnant.

They tracked the animals’ footprints, but the trail ran cold on the Nakuru-Kericho highway.

Her husband reported the theft to the Ngata Police Post.

Ms Kandie, on the other hand, maintained that she bought the cows separately from different sellers — one from Nyandarua and the other from Njoro at a total cost of Sh215,000 in 2019. She named the cows Ruma and Legina and produced sale agreements between her and David Mogaka and Paul Majanga.

Investigations revealed that the description given by Ms Cherotich in her earlier police statements tallied with the features of the two cows.

A veterinary officer in charge at Rongai Sub-county office, Mr Peter Ngugi, was engaged to do a DNA test. His findings revealed that the cows were related and belonged to Ms Cherotich.

“All factors considered, Ms Ann Cherotich proved beyond reasonable doubt to be the owner of the two cows,” noted Mr Ngugi in his report dated August 28.

Ms Kandie, however, disputed the report, and the police forwarded the file to the Director of Public Prosecutions.

Nakuru Senior Assistant Director of Public Prosecutions Daniel Karuri, on perusing the file, directed that the cows be handed back to Ms Cherotich, their legal owner.

The DPP relied on the evidence of Ms Cherotich, her mother, the veterinary officer who used to attend to the animals, and of the police.

Loss of the cattle

“In light of the above expert opinion that the two cows belong to Ms Cherotich, I direct that they be restored… to her,” Mr Karuri ordered on September 9.

Following the DPP’s directive, the Officer Commanding Station at Menengai wrote to Ms Kandie on September 20 directing her to surrender the cows in two days—an order Ms Kandie is challenging in court.

In the case, Ms Kandie has sued Ms Cherotich and the Menengai OCS, accusing them of conspiring to dispossess her of her animals.

She has dismissed the veterinary report as fraudulent.

However, as the case awaits determination by the court Ms Cherotich fears losing the animals as she claims to have no means to put up a fight in court.

According to Ms Cherotich, her husband was deeply stressed by the loss of the cattle and was knocked by a matatu while crossing the highway after a fruitless search for the cows in Molo.

“These animals were my life since I used to sell the milk to Kenya Cooperative Creameries where we managed to support our livelihoods,” she said.

by Nationafrica

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Business

VIDEO: Garden of Joy is officially a GREEN PROJECT

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Garden of Joy by Optiven is fully installed with solar powered street lights.

The initiative is an add on not initially earmarked for the project.

Implementation of water recycling technology, Recycling of biogradable waste and hundreds of trees in place.

We have been undertaking intentional education on green energy as per sustainable development goals no 11 and No 7

The launch of the green initiative was graced by reknown artiste -JUSTINA SYOKAU, of the hit song Twendi twendi.

Joy and dance broke out to celebrate this great step as Optiven ups it’s game in greening projects under it’s portfolio. Watch the video here>>> https://youtu.be/XaNmhif7dAA

The project is ready to build with owners already groundbreaking for their dream homes.

At a price of 1.495M, get a piece of Joy today. We also have installment options as well.

To secure your plot TODAY, call us on 0723400500 or visit www.optiven.co.ke
#GardenofJoyGoesGreen

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Courts

VIDEO&PHOTOS: Drama in court as Bomet man is confronted by his daughter

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Tension was high at the High Court in Bomet on Monday as a carpenter, who allegedly doused his wife with petrol and burnt her, was charged with murder.

Robert Kipkorir Tonui was arraigned before Justice Roseline Korir. He denied the charge of murder.

After he took plea, his eldest daughter, 21, confronted him outside the courtroom, demanding to know why he killed her mother.

Tonui is accused of murdering his wife Emmy Chepkoech Mitei, a former deputy headteacher at Cheptalal Primary School.

His eldest daughter confronted him outside the courtroom, demanding to know why he killed her mother.

Vitalis Kimutai | Nation Media Group

Emmy sustained 97 per cent body burns in the attack and succumbed to injuries while undergoing treatment at Tenwek Mission Hospital.

Emmy, who was 45 years old at the time of her death, was buried at her home in Kobel Village on October 19. She left behind seven children.

The offence is alleged to have been committed on the night of October 7 in Seanin Village, Konoin constituency.

Tonui was arraigned in a courtroom packed with tense family members and curious members of the public with a Kericho-based advocate, Brian Langat, representing him.

As soon as Tonui was whisked out of the courtroom after taking plea, he was confronted by relatives led by Anita, her sisters and brothers-in-law.

Vitalis Kimutai | Nation Media Group

Dressed in a black jacket zipped up to the neck, and a hood hanging on his back, Tonui, who is 50 years old, wore a blue mask that covered half of his face.

He spoke only twice when asked the language he preferred to use and while answering to the charge preferred against him by the State, which carries a life sentence upon conviction.

Unlike when he appeared in a Sotik court shaken and unkempt following his arrest a week after being on the run, Tonui was well groomed with his thinning hair neatly combed.

When the charge was read to him after prosecutor George Mureithi tabled in court a medical report that said the suspect underwent a mental test and was confirmed to be of sound mind, he looked directly at the court clerk.

Tonui denied the charge and his lawyer made an application for his release on bail.

But the prosecutor opposed the plea, saying Tonui was a flight risk and that tension was still high in the village where the alleged murder was committed.

The suspect Robert Kipkorir Tonui in court.

Vitalis Kimutai | Nation Media Group

“Releasing the suspect on bail will pose a risk to his life as tension is still high in Seanin village where the crime was committed. Two of the witnesses are the accused’s children and there are high chances he will interfere with them if released,” Mr Mureithi argued.

Justice Korir directed that the suspect be held at the local prison until November 12 when a probation report on the suitability of his release on bond will be tabled in court.

After the court session, drama ensued outside the courtroom when the deceased’s eldest daughter, Anita Chelangat, wailed uncontrollably and hurled insults at her father.

As soon as Tonui was whisked out of the courtroom after taking plea, he was confronted by relatives led by Anita, her sisters and brothers-in-law.

With his head downcast and a mask hiding his facial reaction the suspect, without saying a word, boarded the waiting police vehicle.

Tonui’s daughter was pulled away by relatives and taken outside the court precincts to the main road some 30 metres away and was put in a relative’s vehicle where she collapsed on  the front seat.

Anita was restrained in the vehicle until the police vehicle ferrying her father to the local prison, some 400 metres away, sped off.

“Why did you kill our mother? Why did you make us part orphans after all the years of psychological torture? Who will take care of us? Her spirits will hound you to the end,” Anita shouted as members of the public and court orderlies surged to inquire what the drama was all about.

During Emmy’s funeral, relatives said that on the fateful day, elders and local administrators had tried to reconcile the couple but Tonui declined to participate in a meeting at his home.

He allegedly later followed his wife to her parents’ home where he attacked her.

BY NATION.AFRICA.

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