Two matatu crew members will serve 10 years in prison each for the murder of a college student who fell from a speeding vehicle.
Doreen Kinya, 21, died when she tumbled out of the matatu on Thika Road in 2018. She succumbed to her injuries.
Justice Kanyi Kimondo, delivering the sentencing at the High Court in Nairobi on Tuesday, found the conduct of driver Amos Muigai Mwangi and conductor Alex Musembi Musyoka “grossly negligent and reckless” and showed “total disregard for the safety and life of the deceased”.
The fatal incident occurred when Kinya was travelling along the Githurai route on June 13, 2018.
On Thika Road, the young student fell out of the speeding vehicle.
Counsel for the accused pleaded for leniency, submitting that the two are family leaders with wives and children.
He noted that the second accused, aged 34, is the lastborn and is caring for an ailing mother, while the first accused suffers from a deteriorating hearing ailment.
Defence counsel urged the court to “temper justice with mercy”.
He submitted further that the accused have co-operated with the criminal justice system and faithfully attended court. He said they were in remand custody from the date of their arrest in June 2018 to December 2019, a period of about one and a half years.
Prosecution counsel disagreed, referring to the behaviour of the accused men as “callous” and pressed for a deterrent custodial sentence.
She emphasised that the loss had caused severe emotional and psychological trauma to the family, especially since the victim was a promising college student.
The pre‑sentencing reports prepared by senior probation officer Mercy Kanyangi revealed a lack of remorse from both men.
For the driver, the report observed that his “insufficient acknowledgement of wrongdoing” would undermine any prospects for effective rehabilitation if left unaddressed.
The probation officer recommended a custodial sentence for the second accused, citing his lack of remorse and failure to accept responsibility.
Justice Kimondo considered the reports and observed that the victim’s family had suffered “severe emotional and psychological” consequences.
“The report underscores the far-reaching consequences of the offence, which led to “severe emotional and psychological” impact on the family, particularly the health of her parents, who looked out to the deceased with promise of a role model,” he said.
It was also noted that no effort has been made by the accused or their families towards reconciliation or settlement.
Regarding sentencing, the judge acknowledged that murder is a grave felony carrying the death penalty and rejected any non-custodial options due to the extreme negligence displayed.
“Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of the crime,” the judge said.
The court found the crew liable for Kinya’s death.
“The death was caused by the deliberate conduct of the two accused persons, who were the driver and conductor, respectively,” Justice Kimondo said.
“The court found that “by continuing to speed when the passenger door was open, they both knew or ought to have known that any passenger attempting to alight would suffer grievous harm or even death. It was grossly negligent and reckless; a total disregard for the safety and life of the deceased.”
The accused have 14 days to appeal.
