Safaricom top executive Sylvia Mulinge will be charged afresh for causing death by dangerous driving after the Office of the Director of Public Prosecutions (ODPP) approved repeat charges.
Deputy Director of Public Prosecutions Nicholas Mutuku said Ms Mulinge will be charged anew after the Directorate of Criminal Investigations (DCI) filed a case at the Kibera Chief Magistrate’s court without the approval of the ODPP.
Mr Mutuku accused the police of mishandling the case and asked the officer in charge of prosecutions at Kibera law courts to file a new case.
In the charge sheet, the Consumer Business Unit Director at Safaricom is accused of causing the death of Mary Etale on February 1, 2015, at about 11.50 a.m along the Southern Bypass Road in Nairobi.
“We have carefully perused and analysed the evidence and hereby direct that the suspect be charged with the offence of causing death by dangerous driving contrary to Traffic Laws of Kenya,” said Mr Mutuku.
“Ms Mulinge, being the driver of vehicle registration number KBU 483M Toyota Prado, drove the said vehicle dangerously and without consideration to other road users by speeding and knocking down Ms Etale who was crossing the road.”
Correspondence from the ODPP to the DCI shows attempts by the police to delay the case.
In March, the DCI failed to respond to ODPP’s directive to provide police files on the accident’s probe for perusal and directions by the chief prosecutor’s office.
Mr Mutuku wrote to the DCI on July 10 reminding them to forward the ODPP the police files, which were later forwarded on September 21 — six months later.
“Our above mentioned letters have elicited no response at all for the last six months since we wrote our first letter on March 6, 2017.
‘‘The delay is grossly inordinate,” said Mr Mutuku.
Suyinka Lempaa and Company Advocates, acting for the deceased, complained of a cover up and attempts to settle the matter out of court.
Ms Mulinge is set to appear in court on November 17.