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BY JOAN WANJIKU,NAIROBI,10TH JULY 2018-Pastor James Ng’ang’a of Neno Evangelism center in Nairobi will be charged afresh in a case where he was accused of causing the death of a woman in a fatal car crash.
This is after the High Court in Kiambu allowed an appeal by the Director of Public Prosecutions challenging the acquittal of Pastor Ng’ang’a and his three co-accused by a Nakuru court.
Nakuru Chief Magistrate Godfrey Odour acquitted Pastor Ng’ang’a, Simon Maina, Police Inspector Christopher Nzilu Nzioka and police inspector Patrick Kahindi Baya in May this year on grounds that the prosecution had failed to prove it’s case against the four.
The acquittal of the four sparked public outrage with the DPP later filing an appeal at the Kiambu High Court citing that the trial magistrate erred both in law and fact in failing to find that the prosecution had discharged its burden of proof.
Assistant Director of Public Prosecution Catherine Mwaniki urged the court to set aside the order of acquittal and substitute it with an order that the State had proved a prima facie case against the respondent and put them on their defence.
The mention of the case, which was set to be before Justice Christine Meoli, did not take place on Monday after the respondents, through lawyer Assa Nyakundi, said they were yet to be served with the petition of appeal.
Justice Meoli had directed the prosecution to serve the respondents with the petitions, setting August 1, 2018 as the new date of the case’s mention.
Ng’ang’a was charged that; on July 26, 2015 at about 5.45PM along the Naivasha/Nairobi road at Manguo area in Limuru sub-county, he caused the death of one Mercy Njeri through dangerous driving.
The pastor was also accused of failing to report an accident and giving false information to a police officer.
Ng’ang’a also faced another count of conspiring to defeat justice and denied all the charges.
Patrick Baya, the Tigoni Base Commander was charged with neglecting official duty while police inspector Nzioka was charged with giving false information and neglect of duty.