DPP appeals court ruling that set free pastor James Ng'ang'a

The Director of Public Prosecution on Tuesday filed an appeal against the acquittal of televangelist James Ng'ang'a and three others in a case in which the pastor was charged with killing a woman by dangerous driving.

The incident happened on July 26, 2015 at Manguo on the Nairobi-Naivasha highway and after the investigations, Mr Ng'ang'a was charged with killing Mercy Njeri by dangerous driving while Simon Kuria, police officer Christopher Nzilu and Tigoni traffic commandant Patrick Baya were charged with trying to defeat justice through attempted cover up.

CASE

But Chief Magistrate Godfrey Oduor, who has since been transferred to Nakuru said that the 33 prosecution witnesses, who included eye witnesses who claimed to have seen the pastor at the crash scene, phone data experts and police did not indict them of any wrong doing.

The prosecution, through State Counsel Catherine Mwaniki, who had expressed dissatisfaction with the ruling that was made on May 7, filed a notice of appeal before Kiambu High Court Judge Christine Meoli who is expected to give directions to the matter.

“The ODPP_KE (Office of the Director of Public Prosecution) today (May 22) filed a Criminal Appeal No. 34 of 2018 at the Kiambu High Court in relation to the acquittal of Apostle Ng'ang'a and four others by a Limuru Magistrate’s Court,” the officer of the DPP posted on its twitter handle.

After the ruling, which was read by Senior Resident Magistrate Karen Njalale of behalf on Mr Oduor, Ms Mwaniki said he would appeal the matter and also expressed frustrations by the manner in which this court has handled the matter since the prosecution and the defence made their final submissions last October last year.

The ruling, she said had been adjourned six times, and even of the final day, she said told Ms Njalale that Mr Oduor has asked them to be at the court by 9:30 am, but changed the time to noon, only for him not to show up and the ruling had to be read by a different magistrate.

“…we will take put this matter (on their frustrations) to the right forum. But I must say, we have been and we are frustrated by the way this matter has been handled since we made our final submissions,” Ms Mwaniki said, adding that she would take up the matter to the right forum.

A day after, Interior Cabinet Secretary Fred Matiang'i also directed Director of Public Prosecutions Noordin Haji to appeal the acquittal, saying the government is not satisfied with the ruling, arguing that evidence implicating the pastor, was overwhelming.

Mr Ng'ang'a was charge that on July 26, 2015 at Manguo on the Nairobi-Naivasha highway, he dangerously drove a Range Rover, disregarding all the circumstances including the condition of the said road and the amount of traffic and caused the death of Njeri.

The pastor was also charged with failing to report the accident, lying to the police that he was not the driver of the car that was involved in the fatal road accident to avoid arrest and prosecution,  driving an insured car, and or failed to carry or display the insurance certificate.

The fifth count, which brought together the four, was that between July 26 and August 15, 2015 in Limuru conspired to mislead a police officer at Tigoni Police Station in order to defeat the course of justice in relation to the fatal accident.

Mr Kuria, who had initially confessed that he was the driver of the killer car, was charged that on July 17, 2015 lied to an officer that he was the driver of the Range Rover, causing the officer not to take action against the actual driver.

Mr Nzilu, a police officer was charged with  lying to a Mr Alexander Gitonga, who was based at Tigoni Police Station about who was the real driver of the Range Rover and neglecting his duties by concealing the identity and the whereabouts of Mr Ng’ang’a.

Mr Baya was charged with neglecting official duties by willingly failing to conduct proper investigations in respect to the accident, but Mr Oduor said he was “inefficient but not willingly criminal”