An appeal by the state in a case where Pastor James Maina Ng’ang’a and three others were acquitted of causing death through careless driving will not be struck out as the Kiambu High Court on Monday dismissed their appeal.
The court declined to dismiss the appeal filed by the Director of Public Prosecutions (DPP) challenging the acquittal of the televangelist and three others. The four had been charged with causing the death of Mercy Njeri through dangerous driving on July 26, 2015.
Ng’ang’a and colleagues had argued that the appeal by the DPP was filed outside the 14-day timeline provided by the law. The DPP filed the appeal on May 22, 2018, challenging a ruling delivered on May 4
In her ruling, Justice Mary Kasango allowed the DPP to proceed with the appeal. DPP’s appeal is also yet to be admitted by the court as required by the Criminal Procedure Code.
Justice Kasanga, however, said that there was confusion regarding when the ruling was delivered. Even though the court acquitted the accused persons on May 4, 2018, it waited until May 7, 2018, to give reasons for their acquittal.
She advised Ng’ang’a and his colleagues to raise their objections at the final hearing of DPP’s criminal appeal.
The Neno Evangelism Center preacher had been charged with killing Njeri by dangerous driving, an accident that happened in Manguo, Limuru on the Nairobi-Naivasha Highway.
His driver Simon Maina Kuria and police officers Christopher Nzilu and Patrick Kahindi Baya had also been charged with trying to cover up the murder.