The brother to gospel music sensation Emmy Kosgey has been found guilty of causing the death of a boy through dangerous driving and was on Thursday sentenced to five years in jail.
The court heard how Meshack Kipkoech ran over six-year-old Birion Kinda, on December 25, 2017, along the Nakuru-Mogotio Road.
On the day of the accident, Kipkoech caused two more accidents in a span of ten minutes.
The charge sheet stated that at 11.40am on that Christmas Day while driving along the Nakuru-Mogotio Road in Rongai, he drove recklessly and hit Kinda while he was crossing the road.
Ten minutes later, the accused also hit Richard Komen, a motorcyclist, who sustained injuries on his right leg.
The six-year-old passed on four days after the accident after being admitted with serious injuries.
The deceased’s elder sister Elser Atieno testified how they had gone to pick a pair of shoes their mother had bought and that her younger brother was the first to cross the road from where he was hit.
She asked the driver of the vehicle to help her injured brother to get to the hospital.
It is while on their way that the driver hit a motorcycle rider.
Eldama Ravine Senior Principal Magistrate John Tamar said that Kipkoech had previously caused death by dangerous driving where he was found guilty and the court ordered that he should pay the victim’s mother Sh954,000.
“Consequently and noting that the accused had previous records of causing death by dangerous driving, I sentence the accused to five years imprisonment. In addition and pursuant to Section 76(1) (a) of the Traffic Act part VIII, I cancel his driving licence and declare him disqualified from obtaining another one for a period of 10 years,” stated the court.
Kipkoech, in his defence, admitted to being the driver of the motor vehicle on the material date, his involvement in the accident was also not disputed.
He pleaded with the court for leniency but the prosecution opposed noting Kipkoech had previous convictions of similar offences.
In the 2008 incident, Kipkoech was charged in Traffic case No 1466/ 2008 with the offence of causing death by dangerous driving resulting in the death of a police officer.
He was ordered to pay the deceased mother Mrs Kotete Chebet, after he hit and killed Mr Andrew Cheruiyot, along Mogotio-Marigat road in Baringo.
The verdict was reached after Kipkoech agreed to pay the money which led to the lifting of a jail sentence.