A Nairobi court has declined to release on bail a matatu driver accused of causing a fatal crash along Enterprise Road in June. Sammy Murigi Maina, the driver, will remain in custody until key prosecution witnesses testify. Magistrate Paul Mutai ruled that the prosecution had demonstrated compelling reasons to deny him bail at this stage of the proceedings. The court, however, ordered that Maina be taken to hospital for medical treatment.
Maina was arrested nearly two months after the June 3, 2026 crash and subsequently appeared before the court to face multiple traffic-related charges. He is charged with three counts of causing death by dangerous driving, contrary to Section 46 of the Traffic Act, Cap 403 of the Laws of Kenya. The prosecution alleges that Maina was driving an Isuzu minibus, registration number KDU 887C, operated by Risen Sacco, along Enterprise Road near KCB Bank at about 8pm when the crash occurred.
According to the charge sheet, Maina allegedly drove the vehicle recklessly and dangerously before losing control while negotiating a roundabout. The vehicle is said to have struck the kerb, overturned and landed across the road. Those named in the charge sheet as having died in the crash are Charles Brandy Wahome, Tamia Kalekye Nyambura and Edwin Kago. The prosecution also alleges that Maina faces two counts of driving a motor vehicle on a public road without due care and attention.
The charges relate to Eugene Ongundi and Dominic Mulwa, who the prosecution alleges were injured in the crash. He faces an additional charge of operating an unroadworthy motor vehicle, contrary to Section 55(1), as read with Section 58(1) of the Traffic Act. The prosecution has listed several alleged defects on the vehicle, including an obstructed emergency exit, reduced passenger headroom allegedly resulting from installed multimedia screens, modified passenger seats and unsecured power inverters in the driver's cabin.
Other alleged defects include dark reflective tint on the passenger windows and a modified dashboard that the prosecution says obstructed the driver's view of the road. The case also comes against the backdrop of allegations that the matatu had been involved in dangerous manoeuvres commonly referred to as “manyoka” shortly before the fatal crash. The allegations have not been proved in court, and Maina remains presumed innocent unless and until proven guilty.
The court will hear the case as the prosecution seeks to present its witnesses. The prosecution's decision to seek to present its witnesses is a critical step in building its case against Maina. It is expected that the witnesses will provide testimony that will help establish the facts of the case.
The incident has raised concerns about the safety of matatu operations in Nairobi. The authorities have been urged to take action to prevent such incidents in the future. The case is ongoing, and Maina's fate will be determined by the court.
Key points
- The court denied bail to Sammy Murigi Maina, a matatu driver accused of causing a fatal crash along Enterprise Road in June.
- Maina faces multiple traffic-related charges, including causing death by dangerous driving and operating an unroadworthy motor vehicle.
- The case has raised concerns about the safety of matatu operations in Nairobi and the need for authorities to take action to prevent such incidents.
