The magistrate considered the mitigation in her judgment.
“I note the weighty facts presented herein seeing that the deceased and the accused were family members,”.
Ali was accused of causing the death of his brother when he lost control of the vehicle they were traveling in and rammed into a roundabout embankment resulting in the minor’s death.
The charge sheet indicates that the suspect, being the driver of the vehicle, drove it on a public road recklessly or at speed or in a manner dangerous to the public and lost physical control of the vehicle and rammed into the Mombasa Law Courts roundabout embankment.
The charge stated that due to the impact, the vehicle was extensively damaged and Kassim, who was on-board, sustained serious head injuries and succumbed to the injuries while undergoing treatment at a Mombasa hospital.
Three other family members who were in the vehicle sustained minor injuries and were discharged after being treated in hospital.
Medical reports indicated that the deceased who was sitting at the back right seat had severe head injuries thus causing his death.
“The point of accident was a roundabout, this shows that he was driving at excessive speed and even did not bother to slow down while approaching the scene of accident,” the police said in their report.
The police recommended prosecution of the suspect indicating that the evidence available pointed to negligence on his part.