The Office of the Director of Public Prosecutions (ODPP) moved on Tuesday morning to withdraw its case against a man charged with causing the death of two Peponi School students. This unusual maneuver, unfolding in the Chief Magistrate’s Court in Kibera, was met with immediate resistance. The accused person, despite having pleaded not guilty less than three months ago, objected to the withdrawal, stating he had a ready confession, further fueling serious allegations of a cover-up.
The two Peponi School students, both foreign nationals, were nearing the end of their high school studies when they attended a leavers’ party at Muthaiga Country Club on April 24. The fatal crash occurred along Ngong Road in the early hours of the following morning, involving five other learners in the vehicle. Another foreign national learner sustained serious injuries, leaving him in a coma.
Elite Maneuvers to Obscure Truth
From the outset, a persistent struggle has plagued efforts to identify the actual driver at the time of the incident. The vehicle's owner, a prominent Kenyan businessman, informed police that his nephew was driving, with his son and four other students as passengers. The businessman’s son, who suffered minor injuries, also told police his cousin was driving. Even the businessman’s nephew claimed he was behind the wheel.
Police charged the businessman’s nephew with causing death by dangerous driving on May 28, less than three months ago. Yet, the family of the student left in a coma alleges a deliberate cover-up by officers at the traffic department of Karen police station. They contend the prominent businessman’s underage son was driving the car and was under the influence of alcohol.
Through Murgor & Murgor Advocates, the family wrote to the ODPP three times between June and August. These letters questioned the prosecution of an individual before investigations to establish the driver’s identity were complete. They demanded thorough investigations, including CCTV footage from the crash scene, phone location data, and statements from witnesses.
Before the crash, two other Peponi School students had been dropped at their homes in Muthaiga and Kitisuru. These individuals were earmarked as potential witnesses to identify the actual driver. One of these students also told police that the prominent businessman’s nephew was the one driving.
The System Under Siege
Prosecutor Michael Mutune told the magistrate that the ODPP’s withdrawal application aimed to facilitate thorough investigations. This move, however, was met with resistance from the accused person's lawyer, Mr. Marete, who argued his client wished to plead guilty to all charges. Mr. Marete stated he had spent the entire weekend counselling his client, who was now ready to accept conviction and sentence, despite having pleaded not guilty on May 28.
The Isuzu D-Max pick-up truck, imported in 2018, is registered to a company owned by the prominent businessman. A police constable’s statement from the scene contradicted the nephew’s claims of a wet road, noting it was "completely dry." The officer’s statement indicated the driver must have been at "a very high speed" at a "right slight bend."
Further complicating matters, Peponi School’s headmaster, Mark Durston, communicated to learners and staff on May 18, about three months ago, that the businessman’s son was driving. His official communication read, in part, that "a group of pupils left the Club in a private vehicle driven by one of the pupils." The father of the student in a coma also stated that the prominent businessman and his wife were present at Karen Hospital when his son was transferred.
Pushback Against Impunity
Magistrate Stella Atambo will rule on the ODPP’s withdrawal application on August 27, in 14 days. Meanwhile, DPP Renson Ingonga, on August 5, just 8 days ago, ordered the Directorate of Criminal Investigations (DCI) to form a team to take over the probe from Karen police station. His office specifically directed that "conspiracy to defeat justice" be a line of investigation, potentially implicating the businessman, his son, and his nephew.
Institutional obstacles also emerged. Five days after the crash, Karen police station’s traffic department applied to compel Peponi School to grant access to officers for witness statements. The school had initially demanded a court order and parental consent. By June 5, about two months ago, when the court orders were issued, the A-Level class had already finished final exams, and learners had been released to their parents. This delay further hampered the pursuit of justice.