Controversial Pastor James Ng’ang’a’s bid to have a murder case against him thrown out has failed.
This comes after Kiambu High Court Justice Mary Kasango on Monday dismissed Ng’ang’a’s request to have an appeal filed by the State challenging his acquittal struck out.
In the case, Ng’ang’a had been charged with causing death through dangerous driving, giving false witness to a police officer.
His co-accused including his driver Simon Maina Kuria and police officers Christopher Nzilu Nzioka and Patrick Kahindi Baya were charged with trying to defeat justice through an attempted cover-up.
Ng’ang’a and his co-accused wanted the appeal struck out arguing that it was incompetent as it was filed outside the 14-day timeline provided by the law.
But Justice Kasango allowed the Director of Public Prosecutions (DPP) to proceed with the appeal which is yet to be admitted by the court as required by the Criminal Procedure Code.
The judge said the objections lodged by Ng’ang’a and his co-accused should be raised at the final hearing of the criminal appeal.
"...because the appeal as it is now it is not an appeal because it has not been admitted by this Court out of time. The window of opportunity for the DPP to seek the appeal to be admitted out of time as provided under Section 349 Criminal Procedure Code remains open until the hearing of the appeal," ruled Justice Kasango.
The four were acquitted by Limuru Chief Magistrate Godfrey Oduor in a ruling made on May 4th, 2018. He said the prosecution failed to prove Ng’ang’a’s involvement in the road crash.
Magistrate Oduor noted that it was not proved that the clergyman was the one driving during the fatal accident on July 26th, 2015, where his speeding car collided head-on with another car in Manguo area in Limuru, killing Mercy Njeri, a passenger in the Nissan vehicle.
Witnesses said that the preacher was behind the wheel at the time of the accident, but a man by the name Simon Kuria later claimed he was the one driving. Njeri’s husband, Martin Mbugua sustained serious injuries in the crash.
Pastor Ng’ang’a was also accused of failing to report the accident. It was reported that Ng’ang’a fled the accident scene using a colleague's Range Rover.