Peponi School headmaster Mark Durston stated in an official communication on May 18, about three months ago, that a prominent Kenyan businessman's son was driving the vehicle involved in a fatal crash. This direct statement contradicts earlier police charges and a narrative pushed by the businessman's family. The crash, occurring less than four months ago, killed two foreign national students and left another in a coma.
The vehicle, an Isuzu D-Max pick-up truck imported in 2018, is registered to a company owned by the prominent Kenyan businessman. His son, who sustained minor injuries, was among seven pupils leaving a leavers’ party at Muthaiga Country Club on April 24, less than four months ago. The headmaster's communication explicitly named the businessman's son as the driver, stating, "a group of pupils left the Club in a private vehicle driven by one of the pupils."
Elite Protection at Play
Despite this internal school communication, police charged the businessman’s nephew with causing death by dangerous driving on May 28, less than three months ago. The businessman himself told police his nephew was driving, a claim echoed by his son and the nephew. However, the family of the student left in a coma alleges a cover-up by officers at the traffic department of Karen police station. They claim the businessman’s underage son was driving and was under the influence of alcohol.
Murgor & Murgor Advocates, representing the comatose student's family, wrote to the Office of the Director of Public Prosecutions (ODPP) three times between June and August. These letters questioned the prosecution of an individual before the driver's identity was fully established. They demanded thorough investigations, including CCTV footage, phone location data, and witness statements.
The ODPP, on Tuesday morning, applied to withdraw its case against the businessman's nephew. This move, prosecutor Michael Mutune stated, was to facilitate thorough investigations to uncover the true driver. However, the accused nephew, through his lawyer Mr. Marete, objected to the withdrawal, stating he was ready to plead guilty to all charges. Mr. Marete claimed he had spent the whole weekend counselling his client, who had previously pleaded not guilty on May 28.
The State's Shifting Stance
When police first arrived at the crash scene, no one was found in the driver's seat of the Isuzu D-Max. The businessman’s nephew claimed he lost control while swerving to avoid a motorcycle and that it was raining, making the road wet. This account was directly contradicted by a police constable's statement, which noted the road was "completely dry" and that the driver must have been at "very high speed."
Peponi School initially resisted police access to potential witnesses, stating officers needed a court order and parental consent. By June 5, about two months ago, when the court issued orders allowing officers into the school, the A-Level class had already finished exams and students were released. This delay further complicated the initial investigation.
DPP Renson Ingonga has since ordered the Directorate of Criminal Investigations (DCI) to form a new team to take over the probe from Karen police station. This directive, issued on August 5, eight days ago, explicitly includes "conspiracy to defeat justice" as a line of investigation. This could potentially implicate the prominent businessman, his son, and his nephew in a coordinated effort to obscure the truth. Magistrate Stella Atambo will rule on the ODPP’s withdrawal application on August 27, in 14 days.