Matatu crew jailed 10 years each for 2018 death of student who fell from moving vehicle

A 21-year-old student’s routine journey turned fatal on Thika Road after she fell from a moving matatu, a tragedy that has now ended with two crew members being sent to prison for 10 years each over their role in the incident.

The High Court in Nairobi found matatu driver Amos Muigai Mwangi and conductor Alex Musembi Musyoka guilty in connection with the death of Doreen Kinya, who died on June 13, 2018 after slipping out of a speeding vehicle operating along the Githurai route under Zamzam 45 Limited.

The incident happened near Queen of Apostles Church when she fell from the matatu and later succumbed to injuries.

While handing down the sentence, Justice Kanyi Kimondo said the conduct of the two amounted to gross negligence and showed complete disregard for passenger safety.

“The death was caused by the deliberate conduct of the two accused persons. By continuing to speed when the passenger door was open, they ought to have known any passenger trying to alight would suffer grievous harm or even death. It was grossly negligent and reckless; total disregard for the safety and life of the deceased.”

The court also pointed to the emotional toll the incident has had on the victim’s family, noting that they continue to struggle with deep psychological distress following the loss of their daughter, who was described as a bright college student with strong promise.

Pre-sentencing reports compiled by senior probation officer Mercy Kanyangi indicated that both accused persons showed little remorse. The report on the driver stated his “insufficient acknowledgment of wrongdoing” could weaken chances of rehabilitation if not addressed. It also recommended that the second accused be given a custodial sentence due to failure to take responsibility.

The court further heard that neither the accused nor their families had made any attempts to reach out for reconciliation or settlement.

In their defence, the two asked the court for leniency, saying they have families depending on them. The second accused, aged 34, told the court he is the lastborn and cares for an ailing mother, while the first accused said he suffers from a hearing condition. Their lawyers also said both men had cooperated with the justice system and had already spent about one and a half years in remand between June 2018 and December 2019, asking the court to “temper justice with mercy”.

The prosecution opposed the request, arguing that their conduct was reckless and deserved a firm custodial sentence to serve as a warning.

Justice Kimondo, while sentencing, said punishment must reflect the seriousness of the offence.

“Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of the crime,” Justice Kimondo said.

He rejected non-custodial options, noting the level of negligence involved and the loss of life that followed.

The court concluded that the actions of the two men directly led to the student’s death and left a family dealing with lasting pain.