In Summary
  • The actor knocked down and killed Ismael Mangi, 36, on the night of August 26, 2019.
  • He was sentenced to a year in jail with the option of paying a Sh30,000 fine.
  • The victim’s father, Mr Alex Mangi, told the Nation that the police had said they could not prove the suspect was drunk.

The family of a man who was killed by television actor Davis Mwabili, popularly known as Inspekta Mwala, is incensed by the light sentence a Mombasa court handed him.

The actor, who knocked down and killed Ismael Mangi, 36, on the night of August 26 this year on the Kaloleni-Mazeras highway, was sentenced to a year in jail with the option of paying a Sh30,000 fine for causing death by dangerous driving Mangi’s family feel the actor was given a light sentence.

They point out that the amount Mwabili was fined is less than the Sh40,000 cash bail he was asked to pay a few hours after knocking down Mangi, at Kwa Randu as he headed to Rhino Cement Company, where he worked as a plant operator.

LOWER THAN BOND

They note that is also lower than the bond he paid when he first pleaded not guilty to the offence, before changing his plea. It means that Mr Mwabili could walk back to the court accounts office and demand a Sh10,000 refund.

The victim’s family expressed disappointment at what the Rabai Police Station officers recorded in the occurrence book (OB) that Mr Mwabili had killed by dangerous driving, instead of a more serious offence.

They claimed the officers had been compromised to omit some information about the accident.

NOT DRUNK

The victim’s father, Mr Alex Mangi, told the Nation that the police had said they could not prove the suspect was drunk, ending his further questioning.

The amended Section 12, Cap 403 of the Traffic Act on driving under the influence of alcohol attracts a fine of Sh500,000, or 10, years in jail, or both, while Section 46 of the Traffic Act stipulates that anyone who causes death by dangerous driving is liable to a fine of up to Sh100,000 or a year in jail.

Mangi’s family is aggrieved by the way the case was handled. They note that Mr Mwabili was taken to court 10 days after the accident on September 6.

POST-MORTEM

The Daily Nation had sought to know from Rabai Police Sub-county Commander David Maina when Mr Mwabili would be taken to court.

The officer said Mr Mwabili would be charged after the post-mortem exam.

The Nation later learned that the post-mortem was conducted a day after the crash.

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