The Office of the Director of Public Prosecutions moved Tuesday to withdraw charges against a man accused of killing two Peponi School students in a crash, citing the need for thorough investigations into who was actually driving. But the accused objected, insisting he's ready to confess.
The case has drawn persistent allegations of a cover-up protecting the underage son of a prominent Kenyan businessman, who multiple sources say was behind the wheel when the vehicle crashed along Ngong Road less than four months ago. Two foreign national students died. A third remains in recovery after sustaining serious injuries that left him in a coma.
A Night That Ended in Tragedy
The students attended a leavers' party at Muthaiga Country Club on April 24. Seven learners left in the early hours of April 25 in an Isuzu D-Max pick-up truck registered to a company owned by a prominent businessman. The vehicle crashed along Ngong Road. When police arrived, nobody was in the driver's seat.
The businessman's nephew told police he was driving. So did the businessman's son, who sustained minor injuries. The businessman himself told police his nephew was at the wheel and his son was a passenger. One student dropped safely at home before the crash also told police the nephew was driving.
But the family of the student who went into a coma says there's a cover-up. Through Murgor & Murgor Advocates, they wrote to the ODPP three times between June and August, demanding investigations into CCTV footage, phone location data, and witness statements. They say the businessman's underage son was driving under the influence of alcohol.
Headmaster Names the Driver
Peponi School's headmaster Mark Durston sent an official communication to learners and staff about three months ago. He identified the businessman's son as the driver. "In the early hours of the following morning, a group of pupils left the Club in a private vehicle driven by one of the pupils, [name withheld for legal reasons]," Durston wrote.
Police charged the businessman's nephew with causing death by dangerous driving less than three months ago. He pleaded not guilty on May 28. But on Tuesday, his lawyer told the court his client now wants to plead guilty to all charges after weekend counselling sessions.
Prosecutor Michael Mutune told Magistrate Stella Atambo the withdrawal would facilitate thorough investigations to uncover who was driving. The magistrate will rule on the withdrawal application in 14 days.
DPP Orders New Investigation Team
DPP Renson Ingonga ordered the Directorate of Criminal Investigations 8 days ago to constitute a new team to take over the probe from Karen police station. His office directed that one line of investigation is conspiracy to defeat justice, which could entangle the businessman, his son, and his nephew.
Karen police station's traffic department filed an application five days after the crash seeking court orders to access Peponi School and record witness statements. The school said it needed a court order and parental consent. By the time the court issued orders about two months ago, A-Level students had finished final exams and been released to their parents.
Conflicting Accounts and Physical Evidence
The businessman's nephew claimed he lost control while swerving to avoid a motorcycle on the wrong side of the road. He said it was raining and the road was wet. But a police constable who arrived at the scene said it had rained earlier and the road was completely dry. "The driver of the said motor vehicle must have been at a very high speed bearing in mind that the road was dry," the officer's statement reads.
The nephew said a good Samaritan helped him break the windscreen and exit, and that another motorist drove him to the city centre, warning he might be attacked. He said he borrowed a phone to call his uncle before going home.
The father of the student in a coma told police the prominent businessman and his wife were at Karen Hospital when he arrived. The businessman followed them to MP Shah Hospital and handed over a CT scan conducted at Karen Hospital.
Why This Matters:
This case tests whether Kenya's justice system can hold powerful families accountable when young lives are lost. The persistent allegations of cover-up, conflicting witness statements, and delays in accessing crucial evidence raise fundamental questions about equal protection under the law. Two families have lost children. Another watches their son recover from devastating injuries. The DPP's decision to order a new investigation team and probe conspiracy to defeat justice signals recognition that the initial probe may have been compromised. Whether investigators can now recover evidence months after the crash, with witnesses scattered and memories fading, will determine if justice is possible. The outcome will send a message about whether wealth and influence can shield the powerful from accountability when the vulnerable pay with their lives.