The Lower Eastern Times Opening The Third Eye
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Two matatu crew members have each been sentenced to 10 years in prison after being found guilty of killing a college student who fell from a speeding vehicle along Thika Road.
The deceased, 21-year-old Doreen Kinya, died in 2018 after she tumbled out of the moving matatu while travelling on the Githurai route. She later succumbed to her injuries.
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High Court Judge Justice Kanyi Kimondo, while delivering the ruling in Nairobi on Tuesday, described the actions of driver Amos Muigai Mwangi and conductor Alex Musembi Musyoka as grossly negligent and reckless, saying they showed complete disregard for human life.
The court heard that the incident occurred on June 13, 2018, when the vehicle was speeding along Thika Road and the passenger reportedly fell out of the open door.
During sentencing, the defence team pleaded for leniency, arguing that the accused were family men with dependants and had health and family challenges. They also noted that the two had spent time in remand custody between 2018 and 2019.
However, the prosecution pushed for a stiff sentence, describing their conduct as callous and arguing that the victim’s family had suffered deep emotional trauma following her death.
A pre-sentencing report indicated that both men showed little remorse for the incident, a factor the probation officer said weakened prospects for rehabilitation without custody.
Justice Kimondo noted the severe emotional impact the death had on the victim’s family and said no effort had been made toward reconciliation or compensation.
He further ruled that murder is a serious offence and rejected non-custodial options, citing the extreme negligence involved.
The court found that the driver and conductor knowingly continued speeding even with the door open, making the incident both reckless and fatal.
The two convicts have 14 days to appeal the ruling.
