Neno Evangelism Pastor James Ng’ang’a, his driver Simon Kuria, police officers Christopher Nzioka and Patrick Baya could be charged afresh over the killing of a woman in an accident along the Naivasha-Nakuru highway in 2015, should the High Court approve an appeal lodged by the Director of Public Prosecutions Noordin Haji.
DPP Haji has filed a notice of appeal against a Limuru Magistrate Court ruling that acquitted Pastor Ng’ang’a and three other people in May.
In the appeal filed before Kiambu High Court Judge Christine Meoli, the DPP argues that the Magistrate’s Court erred in law and fact by failing to analyze and re-evaluate the evidence of the prosecution in the trial.
The DPP also argues that the Magistrate’s Court erred in law and fact by acquitting the four under Section 201 of the Penal Code while the prosecution had established a prima facie case.
DPP Haji further states that the Magistrate Court erred in law and fact by finding reasons to exonerate the four instead of placing them on their defence to defend themselves.
The DPP now wants Ng’ang’a and the three co-accused to be charged afresh.
Appearing before Kiambu High Court Judge Christine Meoli on Tuesday, Senior Assistant Director of Public Prosecutions Catherine Mwaniki asked the court to allow the appeal.
The court directed the DPP to serve all the respondents with a notice to return to court on August 1 for further directions.
Pastor Ng’ang’a alongside three other persons had been charged with dangerous driving that caused the death of Mercy Njeri at Manguo area in Limuru along the Naivasha-Nakuru Highway.
The four had also been charged with giving false statements and conspiring to defeat justice.
Pastor Ng’ang’a and the co-accused were however set free in May by a Limuru Magistrates court on grounds that the prosecution had failed to prove the case against them.
Pastor Ng’ang’a's acquittal caused a public uproar with Kenyans demanding justice for the deceased.
#preachersofke