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Matatu driver who stopped in the middle of the road to pick passengers convicted

A matatu driver who stopped in the middle of Komarock road in Dandora to drop and pick passengers was Wednesday found guilty of causing obstruction in contravention of traffic laws.

George Nginya Muigai, a driver of a matatu belonging to Forward Travelers Sacco, who blamed the police of arresting him after he stopped to allow goats cross the road was convicted for the offence by Senior Resident Magistrate Lewis Gatheru of the Makadara Law Courts.

OBSTRUCTION

Muigai was charged with obstruction after he parked in the middle of the road blocking other motorists, including officers on patrol in a police truck, at about 4pm on March 18, 2019.

He was arrested by the then Dandora Police Station commander Chief Inspector Samir Yunus who was in company of police constables Phares Ekwenyi and Samuel Macharia Mwangi.

The officers also impounded the minibus driven by Muigai.

After he was placed on his defence, Muigai claimed that he was driving the motor vehicle (reg no KBZ 540G) to a garage in Kayole after it developed some mechanical problems and was neither carrying nor dropping any passengers.

He said he had stopped to allow some goats to cross the road along Outering road near Kiamaiko market and proceeded to his journey when a police truck blocked him before officers arrested him without giving explanation.

PASSING GOATS

Muigai had blocked the road at a bridge hence there was no traffic flow until officers went to find the cause of the snarl up.

The prosecution called only two witnesses – Ekwenyi and Macharia.

“I note that the testimony of the two witnesses corroborate significantly. They both explain the circumstances of the accused person’s arrest and at no time is the issue of passing goats is raised, not even on cross examination,”Gatheru said.

“It is my view that if such goats were passing and the accused opted to give way, the officers could not have been unreasonable as to arrest him,” the magistrate said.

Muigai said he was remorseful for his actions after the magistrate delivered his judgement and pleaded for leniency.

Gatheru will sentence him on June 19, 2020. The cash bail paid by the Sacco chairman will remain his security until he is eventually fined.