Owner, manager of bus in Kericho accident detained till Friday


Owner, manager of bus in Kericho accident detained till Friday
The bus known as Home Boyz and operated that killed 56 people in Kericho. PHOTO| COURTESY

In Summary

  • However, lawyers representing the duo, Ken Ochieng' and Samba George, objected the application by the police citing that their clients are not at flight risk and have a right to enjoy their freedom.
  • "Given that the suspects manage a fleet of over 80 PSV buses and sponsor a football team in Kakamega, detaining them will affect running of their business hence the need for the court to give them a conditional release," they said.
  • The court also heard that Ishindu and Shimanyula are aware of the consequences of interfering with the investigations and have no intentions whatsoever to do that and the two are ready to present themselves when need be.

A court has ordered the detention of two suspects pending a ruling on Friday after police requested to be granted seven more days to complete investigations into the Kericho accident.

The Wednesday incident at Fort Ternan along Londiani-Muhoroni highway claimed the lives of 56 people.

Chief magistrate Samuel Wahome gave the directive on grounds that the court required more time to give a comprehensive ruling on the matter.

He further directed that Bernard Ishindu, owner of Home Boys bus registered under Western express Sacco and Cleophas Shimanyula alias Toto be remanded at Londiani Police Station.

In an affidavit sworn by the investigating officer, Festus Ondieki,  he requested the court for the seven more days due to the magnitude of the offence.

Ondieki also noted that there is need to contact the NTSA officials for various records with regards to the ill-fated bus and the Sacco too.

He added that identification of the bodies is ongoing and a post mortem will be conducted to ascertain cause of death.

However, lawyers representing the duo, Ken Ochieng’ and Samba George, objected the application by the police citing that their clients are not at flight risk and have a right to enjoy their freedom.

Given that the suspects manage a fleet of over 80 PSV buses and sponsor a football team in Kakamega, detaining them will affect running of their business hence the need for the court to give them a conditional release.

The court also heard that Ishindu and Shimanyula are aware of the consequences of interfering with the investigations and have no intentions whatsoever to do that adding that the two are ready to present themselves when need be.

The lawyers also pointed out that the suspects are likely to have committed a traffic offence and such only attracts a fine and a sentence of not more than six months thus no reason to remand their clients.

On his part, State counsel Moses Macharia told the court that the rights are not absolute and the same can be limited if there is justifiable reason to do so.

He urged the court not to accept the application by the lawyers and instead look at the gravity of the matter where 56 lost their lives and 15 others nursing injuries in various hospitals.

On Thursday,  the Kericho police commander, James Mugera confirmed the incident saying that the law will take its course for justice to prevail.

The Kakamega bound bus is said to have lost control at Fort Ternan where it plunged into a valley, rolled severally killing the over 50 people persons on board.

According to survivors who narrated their ordeal to the media,  the bus was overloaded and the driver did not stop speeding the vehicle even after several heckles from the passengers.

The survivors are recuperating in various hospitals including Kericho county referral hospital, Fort Ternan and Londiani hospitals.

Bodies of the deceased are lying at the Kericho county referral hospital morgue and the relatives have already streamed in to identify the bodies of their loved ones.

Report by Robert Maina

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